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Extravagantes


The term Extravagantes (from the Latin extra, outside; vagari, to wander) is applied to the canon law of the Roman Catholic Church, to designate some papal decretals not contained in certain canonical collections which possess a special authority. More precisely, they are not found in Gratian's 'Decretum or the three official collections of the Corpus Juris Canonici (the Decretals of Gregory IX, the Sixth Book of the Decretals, and the Clementines).

The term was first applied to those papal documents which Gratian had not inserted in his "Decree" (about 1140), but which, however, were binding upon the whole Church, also to other decretals of a later date, and possessed of the same authority. Bernard of Pavia designated under the name of "Breviarium Extravagantium", or Digest of the "Extravagantes", the collection of papal documents which he compiled between 1187 and 1191. Even the Decretals of Gregory IX (published 1234) were long known as the "Liber" or "Collectio Extra", i.e. the collection of the canonical laws not contained in the "Decree" of Gratian. This term is now applied to the collections known as the "Extravagantes Joannis XXII" and the "Extravagantes communes", both of which are found in all editions of the "Corpus Juris Canonici".

When Pope John XXII (1316-1334) published the decretals known as the Clementines, there already existed some pontifical documents binding upon the whole Church but not included in the "Corpus Juris". This is why these Decretals were called "Extravagantes". Their number was increased by the inclusion of all the pontifical laws of later date, added to the manuscripts of the "Corpus Juris", or gathered into separate collections. In 1325 Zenselinus de Cassanis added a gloss to twenty constitutions of Pope John XXII, and named this collection "Viginti Extravagantes pap Joannis XXII".


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