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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glossarum, which accompanied copies of the work since the second half of the thirteenth century. Long excerpts from the SdC are recognizable at the end of the English Speculum iuniorum (c. 1250), an anonymous compendium of pastoral and confessional teachings. Another anonymous master’s collection, made sometime between 1260 and 1280, generally begins each topic with Raymond’s teachings. John of Freiburg (Johannes Friburgensis lector de ordine praedica- torum) composed an alphabetical index (Tabula) of the materials contained in both the SdC and in William of Rennes’ apparatus. He also wrote a Summa confessorum (c. 1297-98) organized into titles and very dependent on SdC that was used as a supplement of Raymond’s work in the schools of the order84 85 86.

Adaptations and summaries of Raymond’s handbook were written in the thirteenth and early fourteenth centuries. Symonia (...) ut ius patronatus and Symonia (...) secundum Vicentium only cover the first three books of the SdC and did not refer to Gregorian legislation. Quid est et unde dicatur discuss the decretals of Gregory IX. Quid sit symonia and Quoniam inter crimina summarize the four books of Raymond’s text and William of Rennes’ apparatus. The abbreviations Qui stat (...) premittit and Verbum abbreviation also comprise the four books. The anonymous author of Quia non pigris selected fragments of the SdC and arranged them «in très partes», following the structure of Conrad of Hoxeter’s summa™. Burchard of Strasbourgh’s Summa casuum is an adaptation of SdC written before the Council of Vienne (1313). The Franciscan Friar Astesanus of Asti recognised that one of the sources he used for his Summa de casibus (c. 1317) was Raymond’s work. A German author known as Adam even composed a versified summary of the SdC“.

Designed as a handbook for confessors, the impact of SdC overflowed the boundaries of the teaching and the pastoral practice of the sacrament of penance. Due to the vague and moving limits between the internal and the external forum, the work became a vehicle for the transmission of the new law of the Church (ius novum) and the teachings of the canonists (decretists and decreta- lists) on a wide variety of issues. In the title De purgationibus et inquisitionibus (SdC 2.31), for instance, the constitution Qualiter et quando of the Fourth Lateran Council (1215) is taken as a reference to stress the usefulness and necessity of the canonical process as the instance responsible for punishing crimes, a legal framework that ensures the protection of the rights of those who have been vilified (SdC 2.31.2). First of all, the SdC lists the cautions that accompany the accusation (the légitima inscriptio), the denunciation (the caritativa admonitio) or the inquisition (the dumosa insinuano) and also explains the actio per modum

84 Goering, J., The Internili Forum, 418-22.

85 Pennington, K„ Summae on Raymond of Pennaforts Summa de casibus in the Bayerische Staatsbibliothek, Munich, in Traditio 27 ( 1971 ) 471 -480.

86 von Schulte, J. F„ Geshdchte der Quellen, 425-428.