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Summa Parisiensis


An early anonymous Summa on the Decretum of gratian. It constitutes an important link in the development of the science of Canon Law. A modern edition of the only known manuscript (Bamberg) has been published. The Parisian origin of the work, knowledge of which is based upon a close examination of its contents, has never been questioned. The author's references to northern Italy, to the laws of the Lombards, and especially to the magistri Boloniensis suggest that he was a student in that area, probably at Bologna. His references to France in general, to the French language and usages, to the general region of ParisSens, Saint-Denis, etc. and his adherence to the teaching of the "Paris School," as well as his knowledge of the Parisian teachers of the time, are clues that he was writing at Paris.

The work can be dated about 1160. The style, the method of referring to the Decretum, the paleae, the absence of any mention of the legislation of Alexander III, the authorities quoted, and other internal evidence point to an early date in the decretist writings. The work contains no commentary on the De consecratione or on Causae 2729. The remarks on the De poenitentia are limited to eight lines. The author had firsthand knowledge of older collections such as the false decretals and those of ivo of chartres. He did not cite burchard of worms. He used the Summa Rolandi and had the Summa of paucapalea always at hand. He did not use the Summa of rufinus. Among the 12th-century writers whom he quoted are Gerlandus, peter lombard, Magister P. or Pe. (peter of poitiers?), Gilbert of Poitiers, Gerard Pucelle, Magister G. (Gandulphus?) and Magister C. The author had considerable knowledge of the Roman law of Theodosius and Justinian and cited commentators on the latterPlacentinus, Martinus, Roger, and especially Bulgarus. The work was used by the Pseudo-Rufinus, by the Summa "Antiquitate et tempore," the "Distinctiones Monacenses," and perhaps by Stephen of Tournai.

Bibliography: The Summa Parisiensis on the Decretum Gratiani, ed. t. p. mclaughlin (Toronto 1952), with references to earlier studies of Maasen, Schulte, Gillmann, etc. t. p. mclaughlin, "The Formation of the Marriage Bond according to the Summa Parisiensis," Mediaeval Studies 15 (1953) 208212. s. kuttner, Repertorium der Kanonistik (Rome 1937) 177178. c. lefebvre, Dictionnaire de droit canonique, ed. r. naz, 7 v. (Paris 193564) 6:123031.

[t. p. mclaughlin]

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