CLEMENTINAE

The accepted title of the authentic collection of legislation of Pope Clement V (1305–14) and of the Council of Vienne (1311–12), which was promulgated by John XXII in 1317. In the troubled period after the deaths of Boniface VIII (1303) and Benedict XI (1304), Clement had issued a number of important decretals, some of which were presented for approval at the last session of Vienne (May 6, 1312). This collection was enlarged afterward by the inclusion of the legislation of the Council and of at least two later constitutions of Clement (Romani principes and Pastoralis cura, both after Aug. 24, 1313); it was published, possibly as Liber Septimus, at a consistory in Monteux (Carpentras, southern France) on March 21, 1314. Promulgation in the usual manner (i.e., by sending copies to certain universities, principally Bologna) was interrupted by Clement's death on April 20, although the bull of promulgation, Cum nuper, had been drawn up, if not sent out. It was left to John XXII, his successor after a three-year vacancy, to complete the formal procedure of promulgation on Oct. 25, 1317.

John in his bull does not use the title Liber Septimus; indeed, the great decretalist joannes andreae, when writing in 1326 what was to become the glossa ordinaria, refused the title to the work on the grounds that a proper Liber Septimus should include all decretals appearing after the liber sextus of 1298: he preferred Constitutiones Clementis V or Clementinae. With the exception of one decretal of Boniface VIII (Super cathedram ), which had been abrogated by Benedict XI and restored by Vienne (Corpus iuris canonici clementinae 3.7.2), and of one of Urban IV also reinstated at Vienne (Corpus iuris canonici clementinae 3.16), all the legislation in the Clementinae appears as Clemens V in concilio Viennensi in most manuscripts. How much is Clementine in origin, as distinct from conciliar, is not at all clear; just as Clement's legislation previous to the Council certainly was approved there, so also he may have had a mandate to issue other constitutions afterward as though they were issued from the Council.

Unlike the Decretals of gregory ix and the Liber Sextus, the Clementinae were not exclusive, and did not abrogate all other legislation between 1298 (Sext) and 1317. Divided along the lines of the Decretals and Sext into five books, 52 titles, and 106 chapters, they are cited accordingly, thus: Corpus iuris canonici clementinae 3.7.2. Commentaries appeared as early as 1319 with the apparatus of William of Mont Lauzun, followed by an apparatus of Gesselin de Cassanges (1323) and glosses by Joannes Andreae (1326), etc. There are a number of printed editions of the Clementines, notably that in the official corpus iuris canonici of 1582; the latter is repeated, with critical notes, in the edition of A. Friedberg (Leipzig 1881).

Bibliography: f. ehrle, "Aus den Acten des Vienner Concils," h. denifle and f. ehrle, eds., Archiv für Literatur-und Kirchengeschichte des Mittelalters, 7 v. (Freiburg 1888) 4: 439–464. g. mollat, Dictionnaire de droit canonique, ed. r. naz, 7 v. (Paris 1935–65) 4:635–640. e. mÜller, Das Konzil von Vienne, 1311–1312 (Münster 1934) 396–408, 671–706. j. f. von schulte, Die Geschichte der Quellen und der Literatur des kanonischen Rechts, 3 v. in 4 pts. (Stuttgart 1875–80; repr. Graz 1956) 2:45–50. a. m. stickler, Historia iuris canonici latini: v.1, Historica fontium (Turin 1950) 264–268.

[l. e. boyle]