Compilation and Codification 1140 to 1900 First Wave of Codification

Canon Law

Secular Law

 

Gratian's Decretum

 

Bernardus Parmensis, Compilatio prima 1190

Johannes Galensis, Comilatio secunda 1210

Petrus Beneventanus, Compilatio tertia 1210, authenticated by Pope Innocent III

Johannes Teutonicus, Compilatio quarta, 1216

Pope Honorius III,  Compilatio quinta (Tancredus of Bologna) 1225
King Roger II of Sicily, Compilation of Constitutiones (ca. 1140)

Emperor Frederick II,  Liber Augustalis  1231

Pope Gregory IX, Decretales 1234  (Raymond of PeZafort)
Italian City States (Map)  Piacenza 1135, Pisa 1162, Genoa, 1143,  Brescia 1200, Verona, 1205, Milan, 1216, Lucca 1224,  Viterbo 1237, Vercelli 1241
 Bologna, 1245, Florence 1246, Siena 1250, Parma, 1276, Perugia, 1279 

Pope Boniface VIII, Liber sextus  March 3, 1298 (Commision of Jurists)

Pope John XXII,  Clementines 25 October, 1317

Private Collections
Extravagantes John XXII, Extravagantes communes

 Castile and León(Map), Alfonso X the Wise (1221-1284), Siete Partidas 1251-1265

Second Wave of Codification

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 by taking the jurisprudence of the Ius commune into account.
After the Council of Trent Pope Pius V established a commission called the Correctores Romani in 1566 to revise all previous collections of canon law including the private collections (Gratian and the Extravagantes John XXII and the Extravagantes communes).  Ugo Buoncompagni, later Pope Gregory XIII, was on the original commission.  Antonius Augustinus (Spanish) was an important scholar who later participated in the work.  In 1582 Pope Gregory XIII promulgated the Editio Romana as the official text of canon law.  It became the Corpus iuris canonici, but was not a codification.

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

 Modern Codifications
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

1983 Codex iuris canonici (English)

1983 Codex iuris canonici Canons 1-95 (Latin-English)

 

Codification in the American Colonies:  Massachusetts 1641

Austria (Legal history):  Codex Theresianus Maria Theresia, 1753-1766

Prussia (Legal history): Allgemeines Landrecht für die preussischen Staaten 1794 - 17,000 provisions

France (Legal history): All attempts of the revolutionary assemblies to draft a code failed.  Bonaparte appointed 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.  Commentaries were forbidden.  In 1807 it was given name Code Napolon.  Later known as Code civil.  

Germany, Bürgerliches Gesetzbuch (1900)   =BGB - Friedrich Karl von Savigny  Historical School

Spain (Legal history), Nueva recopilacin  1567,  Recopilacin de las leyes de las Indias 1680, Novsima recopilacin  1805

Italy (Legal history),  1865