| Codification 1225 to 1900 | First Wave of Codification |
|
Canon Law |
Secular Law |
|
Pope Innocent III, Compilatio tertia
(Petrus Beneventanus) 1210 Pope Honorius III, Compilatio quinta (Tancredus of Bologna) 1225 |
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| King Roger II of Sicily,
Constitutiones 1140 Emperor Frederick II, Liber Augustalis 1231 |
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| Pope Gregory IX, Decretales 1234 (Raymond of Peñafort) | |
| Italian City States Brescia 1200, Bologna, 1245, Florence 1246, Genoa, 1143, Lucca 1224, Milan, 1216, Parma, 1276 | |
| Perugia, 1279, Piacenza, 1135, Pisa 1162, Siena 1250, Vercelli 1241, Verona, 1205, Viterbo 1237 | |
|
Pope Boniface VIII, Liber
sextus March 3, 1298
(Commission of Jurists) |
|
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Pope John XXII, Clementines
25 October, 1317 Extravagantes of Pope John XXII August 1319
|
Pope Boniface VIII 1294-1303 |
Second Wave of Codification
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France: In the middle of the 15th century, there was a movement to codify customs. This was capped by a decree of Charles VII in 1453 --- an official compilation of the customs of the kingdom. |
| Although the customals were ordered at that time, most were not compiled until the 16th century. Each province of France then had a legal code. Customs no longer had to be proven in court. The customals were often revised with an eye to Roman law. | |
| Pope
Gregory XIII established a commission called the Correctores Romani
to revise all previous collections of canon law including the private
collections (Gratian, Extravagantes John XXII and the Exravagantes
communes). Franciscus Pegna and Sixtus Fabri. Antonius
Augustinus (Spanish) was an important scholar who participated in the work.
In 1582 Gregory promulgated the Editio Romana as the official text of
canon law.
With the support of Pope Gregory XIII and later popes, a Liber septimus was printed at Rome in 1592-1593 and in 1598 with only a few exemplars. In spite of its origins in the papal court, no pope, however, gave it official approval. |
In the sixteenth century, there were 60 general customals and 300 special customals. The official compilation of the customs was the beginning of the scientific movement. Lawyers began to extract general principles of French law -- which became known as the Common Customary Law of France. |
| The Customal of Paris became the most influential. But it did not cover all private law. Royal Ordinances became important in the 16th and 17th centuries. |
|
Modern Canon Law
Codex iuris canonici 1917 |
The French Revolution and Modern Codifications
Code Napoléon |
|
Pietro Gasparri (1852-1934) was appointed secretary of the Commission of
Cardinals for the Code in 1904. The Codex iuris canonici was published by Benedict XV, 27 May 1917, with the bull Providentissima mater ecclesia. The organization of the Code was not according to the classical canonical divisions (Iudex, Iudicium, Clerus, Sponsalia, Crimen) but according to the divisions adopted by ancient Roman jurists (Gaius and Justinian) (Personae, Res, Actiones) 1983 Codex iuris canonici Latin |
All attempts of the revolutionary
assemblies to draft a code failed. Bonaparte appoint 4 men in 1800 to
prepare a draft of a code. The final code was put into place in March,
1804. Had 2281 articles. The new code did not obviate old law,
but only laws contrary to it. In 1807 it was given name Code Napoléon.
Later known as Code civil.
Austria: Codex Theresianus. 1766 Prussia: Allgemeines Landrecht für die preussischen Staaten 1794 Bürgerliches Gesetzbuch (1900) =BGB |
