How to search for legal allegations

Canon and Roman Law allegations — every example below can be run directly against the gloss with its "Search" button.

In order to make the project somewhat manageable, an allegation style was employed that hews fairly closely to that of the gloss itself, as opposed to the modern numerical system. This style will be familiar to anyone who has used a medieval or early modern legal commentary, and for those who haven't, it is quick to pick up. For the Liber extra and the Corpus iuris civilis, it consists of an abbreviated form of the title, followed by the incipit (the first 1–3 words) of the capitulum or lex. The Decretum allegations employ the familiar numerical divisions for the Distinctiones and Causae, followed by the incipit designating the capitulum.

All of the title abbreviations used for the allegations are matched up with their modern numerical references in the Abbreviations explorer (and in the downloadable spreadsheet on The Text page). Note that to perform a proper search it is important to follow the exact punctuation style modeled in the examples below — unless you enable the "Ignore punctuation" option in the search bar.

Decretum

Following the usage of the gloss, Gratian's dicta are indicated with a section siglum § and the incipit [note the lack of comma separating the section siglum § from the other elements]:

Note, however, that on a few occasions the gloss will cite the dicta by first giving the canon after which they appear:

The De consecratione and De poenitentia treatises are both indicated by an appropriate abbreviation as follows:

Liber extra

Following the usage of the gloss, all cross-references to the Liber extra are introduced according to their relative position either before (supra) or after (infra) the place they are cited. Since each title has a unique abbreviation, however, the infra/supra may be excluded from searches. The Liber extra references are thus all very straightforward:

Extravagantes

All of the extravagantes — decretals or conciliar legislation issued after 1234 (such as Innocent IV's 1245 Council of Lyons legislation), most of which eventually found its way into Boniface VIII's Liber sextus (1298) — have been given a consistent form so that they may be searched individually or globally. This form mirrors that of a Liber extra cross-reference, with the added indicator extravag. placed before the incipit without comma separation. So:

The full store of extravagantes can be seen at a single glance by simply performing a global search for the abbreviation extravag. — its use has been restricted to these allegations. (A list of all the extravagantes cited in the gloss is also in the Abbreviations explorer.)

Roman law

For the sake of consistency, all citations of the Corpus iuris civilis are keyed to the Mommsen–Krueger–Schoell edition, and are formatted as follows [note the lack of comma separating the volume abbreviation from the title].

Codex

Note that the gloss occasionally cites the authenticae — texts adapted from Justinian's Novellae (aka Authenticum) that were inserted directly into the Codex by medieval jurists. The form of this allegation is as follows, with the abbreviation authen. placed before the incipit without comma separation, similar to how the extravagantes are cited in the Liber extra:

Digest

Institutes

Institutes references almost always have a section siglum § designating the individual subchapter (not separated by a comma from the incipit), except for when the gloss cites the prefatory remarks of the title, in which case it uses the form: Inst. de rerum div., in princ. [note the princ. abbreviation for principio — for a discussion of the standard abbreviations preserved in the Digital Decretals, see The Text page].

Novellae

Note the lack of a comma separating the title from the section siglum §. Although the practice of the gloss in adding the collatio reference has been followed — that is, the section of the Codex that the particular Novel/Authenticum supplements — it is not necessary to include this in a search.

Additional considerations

On occasion, the Glossa Ordinaria will cite a specific sentence or section of a capitulum or lex, usually when the alleged text is a longer one. Because most of these are one-offs, the sentence/section level of the allegation has not been standardized (for example, by substituting an incipit for the numerical or positional reference of the section, as in § 1 or § ulti.[ma]). It is enough to have them visible through a search at the capitulum/lex level using the incipit. A few examples:

In order to standardize the legal allegations and make them searchable, some slight modifications have been made to the text beyond just adding consistency to how the titles are abbreviated. Most often, this involves expanding the text to give the full abbreviated reference in cases where multiple capitula or leges are alleged from a single title/section in succession. The following example of three successive allegations of Causa 22 of the Decretum illustrates what this entails:

• Original: 22. q. 5 § ex his et cap. quacumque & q. 2 ne quis
• Digital Decretals: 22. q. 5 § ex his; et 22. q. 5, quacumque; et 22. q. 2, ne quis

Similarly, the practice whereby the gloss alleges cross-references in the same title of the Liber extra using infra/supra, eodem [titulo] has been adjusted, substituting the assigned title abbreviation, as illustrated by this example from X 4.1.26 s.v. nec forma:

• Original: Idem esset et si alterum deesset supra. eod. cum apud & cap. tuae
• Digital Decretals: Idem esset et si alterum deesset, supra, de spons., cum apud; et supra, de spons., tuae

Finally, the incipit has been substituted where the gloss uses instead numerical or positional designations, which it frequently does for the first through third canon/lex of any title as well as the final two:

• Original: infra, de vit. et honest. cler. c. ulti. → Digital Decretals: infra, de vit. et honest. cler., ex litteris
• Original: 64. di. c. 1 et 2 et penulti. → Digital Decretals: 64. dist., episcopi; et 64. dist., ordinationes; et 64. dist., episcopum

It should be obvious that without these expansions, the utility of the Digital Decretals as a search tool for the legal allegations would be nil.

To remove any possibility of search contamination, the Liber extra and Roman Law abbreviations of the same title have been deliberately distinguished. So, for example, the title on proofs, De probationibus, which is shared between the Liber extra, Digest and Codex, is abbreviated as follows:

This example also illustrates another feature of the system: the rationalization of titles in the Corpus iuris civilis that deal with the same subject matter, but have slight variations in their wording. Although the Codex title on proofs is De probationibus and the Digest title is De probationibus et praesumptionibus, the same abbreviation is employed for both so that one may do a global search for all Roman Law allegations related to that subject by using de probation. as a search term. To isolate just those citations of a particular volume of the Corpus iuris civilis, one need only add C. or ff. or Inst. at the beginning of a search.

Caveats

Repeated incipits in Liber extra allegations

Unfortunately, Bernard of Parma was not always consistent in how he distinguished canons in the same title that have the same or similar incipit (e.g., X 4.1.13 Veniens and X 4.1.15 Veniens). Sometimes he will add a 1 or 2 to the incipit to make the distinction, though almost as often he failed to do so, presumably since the context would have been familiar enough to his readers that they would know immediately which one was being referenced.

In the initial stages of the project this problem seemed sufficiently discrete to bracket off, but after finalizing Books 1 and 4, a systematic survey revealed that almost 10% of the Liber extra's 1971 capitula were potentially implicated. Additional specifying information has therefore been standardized for the affected capitula throughout the text. Sometimes this involves just adding a 1 or 2 after the incipit:

Other times it involves expanding out the incipit by an extra word or two:

To see the standard incipit used in the Digital Decretals for any of the 1971 Liber extra capitula, including those cases of repeat incipits, consult the capitula register in the Abbreviations explorer.

Apologies to the Decretistae and Legistae

Standardizing the Liber extra allegations — not just at the title level but for each of the 1971 individual capitula — was tremendously time-consuming given Bernard's inconsistent citation methods. He will often vary the incipit of an allegation, sometimes within the same glossula. Thus, for example, X 1.6.36 shows up variously as Bonae, Bonae memoriae or Bonae 2 in Bernard's text (in the Digital Decretals, it is always de elect., bonae 2, in order to distinguish it from X 1.6.23 = de elect., bonae 1).

Achieving the same level of precision for Decretum and Roman Law citations unfortunately exceeded the scope of the project so far. The problem is once again Bernard's inconsistency, which can be illustrated through a group of Decretum canons from Causa 16: C. 16 q. 7 c. 1 Decimas quas in usum; c. 6 Decimas Deo; c. 7 Decimas quas populus; c. 39 Decimas et ecclesias. We can be thankful that at least one of the group comes at the head of quaestio 7, since Bernard will usually allege it as 16. q. 7 cap. 1 (= 16. q. 7, decimas quas in usum in the Digital Decretals). But what are we to do when Bernard throws out an allegation of 16. q. 7 decimas? Context can usually clarify which of the four is meant, but not always. Rather than risk introducing a whole host of unrecoverable errors into the text, the ambiguity of the gloss has been preserved in these cases. The same is true with a small batch of citations of the Corpus iuris civilis, though there the phenomenon of repeated incipits is not nearly as prevalent as in the Decretum.

The problem is manageable provided the Decretistae and Legistae among the user base are aware of its existence. A rigorous standardization of the Decretum and Corpus iuris civilis allegations on par with what the Digital Decretals now provides for cross-references to the Liber extra may follow in the future.

Erroneous allegations

The Editio Romana does contain more than a few errors in the legal allegations. A system was developed for catching and correcting these when it comes to Liber extra cross-references, so that, for example, the ER's occasional allegation of the incipit of X 1.8.2 as Ad haec is consistently rendered in the Digital Decretals as de auctor. et usu pal., ad hoc. The majority of errors seem to cluster in the Decretum citations, since the numbering of the Distinctiones and Causae were more easily subject to copyist errors. The obvious typographical ones have been corrected when noticed, taking care to consult 13th-century manuscripts of the gloss to confirm the correction when necessary. So, for example, the citation of C. 23 q. 7 c. 4 in X 4.21.3 s.v. iterari:

• ER original: Sacramenta enim iterari non debent…33. q. 7, quemadmodum
• Digital Decretals: Sacramenta enim iterari non debent…23. q. 7, quemadmodum (there is no quaestio 7 in Causa 33)

But in general the practice has been simply to transcribe as is, and so there will doubtless be some pass through of the ER's erroneous allegations into the Digital Decretals. As with the problem of repeated incipits in the Decretum, this is something to return to now that the entire text is completed.

Citations of other jurists

While Bernard will often simply settle for the generic quidam alii when discussing the opinions of other jurists, the Glossa Ordinaria does include a fair number of named citations of his contemporaries (together with a few glosses that have the sigla of other canonists appended to them). These have been standardized so that they may be located using a normal search. To avoid confusion with the title abbreviations it has not always been possible to utilize the traditional sigla employed in the text, but an effort has been made to keep them as close as possible when a change has been made. Note that nowhere close to a majority of Bernard's own contributions to the Glossa Ordinaria are signed with his siglum Ber., but it has been included whenever it has been appended to a gloss in the ER.

Search tip: run these with Whole words and Match case enabled (the buttons below do this automatically), so that e.g. Ala. does not also match mala.

A few figures without an assigned abbreviation are cited once each: Dominus Albericus (in a gloss attributed to Richardus Anglicus, X 5.40.13 s.v. solis acclesiarum) and Iurisconsultus = Julianus (X 1.9.10 s.v. plerumque).

Bernard is not consistent with how he cites other jurists. Usually the context makes clear whether, for example, his invocation of the opinio M. is a reference to the legist Martinus or the canonist Melendus, but a couple of judgment calls were necessary, particularly for the less-frequently cited jurists.

Mnemonic verses

The mnemonic verses — the pithy, pedagogical poetry that helped students memorize important aspects of the law — are almost invariably introduced in the same way, thus providing a path for identifying where they occur through a search. All of the mnemonic verses are introduced with a form of the word versus, either in the singular, as in unde versus, or in the plural, as in his versibus. In transcribing the verses, a double slash // formatting mark has been used to indicate line breaks when necessary. For example, X 4.9.7 s.v. contumelia:

• Iuxta illud versus: desere spernentem vel blasphemare volentem // vel te credentem scelus ad mortale trahentem // nam sunt absque mora sic vincula rupta priora.

When using versus as a search term to isolate the mnemonic verses, enable Whole words (the button below does) so as not to match adversus and the like.