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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In addition to his holiness and miracles, the proponents always highlighted the role of the pope’s chaplain in the making of the Liber Extra as far as the autorship of the SdC. Throughout the history of canon law, Raymond is the second milestone of what has been called Gratian’s century ( 1140-1234), the germinal stage of the classical canon law8". Ratio and auctoritas, the two forces that transformed the discipline of the church into a harmonious body of principles and institutions, a system of law independent from the civil power, met at him in a singular way. A conscientious jurist and tireless collaborator of the lawmaker, Raymond is one of the leading figures of the European ius commune.

2. Sources of Canon Law

The Catalonian Dominican was primarily a canonist (decretalist). With Gratian’s Decretimi, canon law had become an autonomous discipline. From the second half of the twelfth century, the decretals of the popes reached a high degree of technical perfection. At the end of the century, Bernard of Pavia (t 1213) was inspired by the tripartite division of Gayo to organize the ius novuum. One can recognize a large number of titles of his Breviárium extravagantium -the Compilât io Antiqua prima- in the books of the Corpus Juris Civilis. To explain the ecclesiastical rules. Bernard and his colleagues used categories of Roman law, giving rise to institutions of increasingly precise contours. As a general rule, they commented Gratian’s Decretimi (glossae, apparatus glossarum, summáé) and the titles of the decretals collections (summae titulorum). Raymond’s writings are a clear example of the technical level achieved by the generation of canonists that straddle the twelfth and thirteenth centuries. The SIC and the SdC do not follow the order of the legal books, which is what distinguishes the Catalonian master from the Bolognese commentators. However the definitions, the distinctions and the classifications by means of which he explains canon law were commonplaces among his contemporaries81. The two particulae of the unfinished SIC are a good example. * 111

in the edition of the SdC Verona 1744, xxvii-xlvi. Cf. also Hodel, P. B., Lit canonisation de saint Raymond, in Longo, C. (a cura di), Magister Raimundus, 51 -60.

so Cf. HARTMANN, W. - PENNINGTON, K. (ed.). The History of Medieval Canon Law in the Classical Period, The History of Medieval Canon Law in the Classical Period, 1140-1234: from Gra- rian to the decretals of Pope Gregory IX, Washington D.C. 2008. Kuttner, S., Gratian and the Schools of Law, 1140-1234 (Variorium Collected Studies Series, 185), London 1983.

111 According to Martin Avedillo, “Influjo del canonista Ambrosius”, 350-353, Bernard of Pavia did not influence Raymund of Penyafort, who used Ambrosius’ summa to write his SIC (p. 334). A careful analysis of the parallels adduced in pp. 332-334 -some of which are repeated in Bernard’s summa- allows us to question the criterion of direct literary dependencies on which the enunciated conclusion seems to rest.