[Decretales]

Basel, Wenslar 1482. (f. 15)

a In the beginning of this book, five things are especially to be noted: namely, what the intention is, what the subject matter is, what the utility is, to which part of philosophy it is subordinated, what the method of proceeding is, and what the title of the book is. The intention of Lord Gregory in this present compilation was to reduce to one collection, with the superfluous parts cut away for the benefit of those reading and studying, various constitutions and decretal epistles of his predecessors, which were dispersed in various volumes or collections and which created difficulties for students, as is more evidently declared in the constitution of the same Lord Gregory. The subject matter in Bologna are these very constitutions and decretal epistles, arranged under individual titles. The utility is that, through these sacred and understood laws, we may know how to discern between the equitable and the inequitable, and to render to each what is his own, and it consists in justice, as in Justitia justice, section Justitia et Jure on justice and law, in the beginning, and in the second question, first section paragraph, "With most devout." It is subordinated to ethics, that is, to moral science, just as are other books of law; whence the Emperor also says, "By our laws we intend to correct the morals of men." The method of proceeding divides all its contents into five parts. In the first part, it treats of the Most Holy Trinity and the Catholic faith, and of constitutions, and of deacons, and of judges, and of sepultura burial, and of judges and their offices. In the second part, it treats of judgments and those cooperating in judgments. In the third part, it treats of the life and honesty of the clergy, and of their affairs and those of the churches. In the fourth part, of betrothal and marriage and their impediments. In the fifth, of accusations and crimes and their penalties. As the verse says:
The first part prepares the offices and the ministers of the church.
The second provides witnesses and other matters of judgment.
The third concerns the affairs and life of priests.
The fourth teaches the form for marrying ritually.
The last tells of the final matters and treats of their penalties.
And thus he terminates his treatise, dividing it into five parts, after the likeness of the five senses of the body, which every person ought to use, and otherwise, one is not considered a judge. The collection of privileges is restricted up to the fourth degree, after the likeness of the four humors or elements of the human body, as in de consanguinitate on consanguinity. Gregory the Bishop dictates this in the time of the King.

An illuminated miniature depicts Pope Gregory IX seated on a red throne with a triple tiara, handing a bound legal volume to a kneeling monk in blue. To the right of the Pope stands a bishop in red and white vestments, and another figure stands behind the throne.

Gregory a the bishop, his servant e, to his beloved sons the doctors c and all scholars remaining in Bologna, greeting and apostolic [blessing].

e Gregory the bishop, his servant. In this way, the Emperor also always calls himself a servant. As he says, he says this out of humility, that the greater one may become as your minister, or his lord: just as the primus first acquires by the right of lordship, but does not acquire for his own person, so also through the Lord Pope can acquisition be made for any church. And thus through the Emperor, benefit is acquired. And the Emperor says, "We voluntarily seek out labors so that we may prepare peace for others."

c Remaining in Bologna. Because they are not in the camps, for if they were studying in the camps, they should not have the benefits granted to them by privilege on the occasion of their study. Whence he says "at Bologna," not just anywhere, so that they may send them to other students, and thus they are not bound to receive this compilation, because the letters of the Pope do not extend to others than those to whom they are sent or to whom they pertain. But it is not so; all are bound to the observance of this compilation. But because of the study that is in Bologna rather than elsewhere, especially in both laws, and because there are students there from all parts of the world, it is directed to Bologna, that all are bound to hold and keep this compilation, such that they could not nor should they be informed by the ears of individuals. After two months from the time of publication, it binds everyone.

d Greeting. Excommunication does not remove the general greeting if any scholars or masters were excommunicated at the time of publication. And elsewhere he is called the Emperor. His kingdom of the earth is not of this world.

f Peace-making. Who, to teach peace, came into the world. Through providence, in predestination, it does not grant necessity that which vafis the crafty go, etc.

b Subjects, that is, the predestined, who are also said to sin before the Lord, even if they sin, they will nevertheless be saved.

Rex Pacificus h the King of Peace by pious commiseration h apostolic blessing. He has placed for himself b subjects to be chaste i and peaceable and modest l. But l unbridled m greed, which is a prodigal n of itself, the emulator of peace, the mother of lawsuits, generates new daily lawsuits of litigation, so that unless justice were to repress its efforts by its virtue r and explain the tangled questions of the self, and extinguish the abuses of the litigants of human alliance p, by having given a bill of divorce s, concord would be an exile outside the boundaries of the world e. And therefore the law is brought forth so that harmful appetite may be limited under the rule of law, through which the human race may live honestly, and not [harm] another.

h Apostolic blessing.
i Chaste, that is, pure. Thus also the Emperor wishes his subjects to keep chastity. Whence he says: Chastity alone is that which can with confidence present souls to God. We ought to be chaste not only in mind, but also in eye, because an unchaste eye is the messenger of an unchaste heart.
k Peaceable, that is, keepers of peace. Whence: Blessed are the peace-makers, for they shall be called the children of God.
l Modest, that is, temperate. That every person ought to have temperance in himself, so that he may know how to keep mercy and rigor, or if he wishes, both together.
m Greed, which is the root of all evils.
n Prodigal, because one is called prodigal not only of things but also of reputation. Such a person is cruel who neglects his own reputation. And truly every age from adolescence is prone to evil, and every creature is under vice, and human nature in some way falls into offenses, and the course of men is inclined toward pleasure, and nature imitates the vices.
o New lawsuits. Human nature is prone to discord. Nature is introduced so that more business and vocabulary may exist. Whence the Emperor says that nature strives to invent novelties daily. And so to new diseases, new antidotes must be prepared, and various experiments of diseases force us to invent various remedies.
p Bill of divorce, which formerly the husband gave to his wife.
q Therefore, the law is brought forth so that it may restrain human audacity and innocence may be safe among the wicked. For by laws no one is forced to do good, but is forbidden to act badly.
r Justice, which desires to be increased by other virtues and to reach toward something greater.
Limited. A limit is the distinction of a field. Whence Virgil: The limit was placed to distinguish the dispute of the field.
t To live honestly, etc. These are the three precepts of the law, of which the blessed [author] speaks. These are to be understood thus.

BIBL. PUBL. BASILEENSIS
Erasmus Rausefreus