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SA Auction #107 ends in

US Auction #16 begins on 02 Aug 2023

Canon Law.


Published: Sumptibus Jo. Friderici Gleditschii, Parisiis, 1705

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Jussu editum a Petro Pithoeo et Francisco Fratre, jurisconsultis.

Ad veteres codices manuscriptos restitutum, et notis illustratum.

Ex bibliotheca illustrissimi Claudiile Peletier, Regni administri, et Regii Franciæ ærarii praefecti.

2 volumes in one: [xxxii], 492; [vi], 488, [45], 140 pages, main text in parallel columns, title pages with copper plate vignettes printed in red and black, page edges dyed green, full vellum binding with small gilt crest on the upper cover,the boards are slightly worn, faded handwritten title on the spine, starting to wear at the front hinge, light foxing, a good copy.

Title page of Vol 2 reads: Gregorii Papæ IX Decretales...

Corpus Juris Canonici, English Corpus of Canon Law, set of six compilations of law in the Roman Catholic Church that provided the chief source of ecclesiastical legislation from the Middle Ages until it was superseded in 1917 by the Codex Juris Canonici (Code of Canon Law). The Corpus included four official collections: the Decretum Gratiani (“Decree of Gratian”), written between 1141 and 1150; the Decretals of Pope Gregory IX (1234); the Liber Sextus (“Book Six”) of Pope Boniface VIII (1298); and the Clementinae of Pope Clement V (1317); and two private collections: the Extravagantes of Pope John XXII (1325) and the Extravagantes communes (“Decretals Commonly Circulating”)—the decretals, or replies of the pope to particular questions of church discipline, from Pope Boniface VIII to Pope Sixtus IV—both of which were compiled at the beginning of the 16th century by Jean Chappuis, a canonist at the University of Paris. The title Corpus Juris Canonici was first applied to the six collections by Pope Gregory XIII in the document Cum pro munere (1580), which approved an edition of the works as textually authentic.

While these collections did not form a closed body of ecclesiastical law prohibiting any new laws from being added, no new official collections of church law were promulgated between the Clementinae and the Council of Trent (1545–63). The bishops at the Council of Trent requested new critical editions of Sacred Scripture, of liturgical books, and of the Corpus Juris Canonici. In response to this request, a commission of cardinals and canonists prepared a scientific critical edition of the Corpus between 1560 and 1582, the year in which Gregory XIII issued the revised text of the Corpus and ordered its use in schools of canon law and in church courts. It remained the preponderant influence in Roman Catholic Church law until 1917, when the Code of Canon Law was adopted.

Pierre Pithou a Canonist, in whose writings were initially codified the maxims of Gallicanism; b. Troyes, Nov. 1, 1539; d. Nogent-sur-Seine, Nov. 1, 1596. Pierre and his brother François, sons of a distinguished legal family, studied at Bourges and Valence under Cujas. Since his Calvinist background prevented admittance to the bar at Troyes, Pierre withdrew to the Protestant district of Sedan, where he codified the legal customs into law. He resided for a time at Basle and returned to France after the edict of pacification in 1570. Having escaped the Massacre of St. Bartholomew, he was converted to Catholicism in 1573. As an adherent of Henry IV, he published an anonymous letter in 1593 canonically defending the right of bishops to absolve Henry IV without papal consultation. In 1594 he codified the maxims of Gallicanism in the epic Les Libertés de l'église gallicane in 83 articles. Pithou's work formed the basis of the Four Articles of 1682. By decree of April 21, 1768, the Parlement of Daphiné gave legal enforcement to certain of Pithou's 83 articles. After resigning the post of procurator general of the Parlement of Paris he concentrated on juristic studies, editing, among other works, the Capitularies of Charlemagne and the Corpus Iuris Canonici.

  • Overall Condition: A good copy
  • Size: Fol (400 x260mm)
  • Name: Clarke's Africana & Rare Books
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