[Liber sextus Decretalium]

Binding repaired 1935 by bookbinder Karl Belz.

In the gloss regarding the matter of oaths, upon the words "currency."

Just as a prince who falsifies currency commits a crime, see the Code on false money, Book 1. Just as one who falsifies money sins against the head of the prince, Code, same book, law 2. But that person who steals coins goes away?; if he has nothing, he is given to the beasts; if he is a slave, he is given to the penalty of the first, Digest on the Cornelian Law concerning falsification, law 4. And these are indeed special cases; for everyone is bound to the accusation of such a matter, so that he is condemned unless he appeals. Again, because he permits him to manufacture false money in his house, he appears to be subject to these laws, as seen in the Code on false money, law 1.

And because a learned person can err, they say that one who holds the office of this chapter cannot assist the judges. And because Xerox a name, likely a corruption of a legal scholar says that the authority of our Lord is given through the arrangement of the conquest, as in the 35th Question, 2nd part, your true matter is what the gloss mentions in the 35th, from the libel, Digest on delay. Nor is it valid if one says that the Church cannot err because Christ prayed for its faith. I say that this is meant insofar as it relates to the entire Church, yet it does not follow that the faith should remain in everything, nor that the house which He keeps for Himself should not have its faith preserved. Thus it happened before the passion of Christ that the faith remained with the blessed Virgin, as theologians say, or that He did not pray again at the passion for the faith in the midst of it. But as the defenders say, regarding that which the matter observes in truth, who are those people? And by this reason, perhaps, the glosses speak in the chapter "Whoever," Distinction 85, that the good is everywhere in the Roman Church. Thus the Roman Church has those certain marks without rights.

N. n.
V. 4
Vinc 593

Definitions of Law

Natural Law is that which nature has taught to all animals; it is not peculiar to the human race alone, but to all animals that are born on the earth and in the sea, and to the birds. From this comes the union of matrimony, which we see between male and female among animals, and the procreation of children. We see that all other wild beasts are also judged to be expert in this law, Digest 1, Natural Law.

Law of Nations is that which the human race uses, which is easily understood to depart from natural law. Law, because that is common to all animals, this is common only to humans among themselves, Digest, Law of Nations. From this law of nations, wars were introduced, the distinction of peoples, kingdoms were founded, domains were distinguished, boundaries of fields were set, and buildings were placed. Purchases, sales, hirings, lettings, and obligations were established, except for some things which were introduced by civil law, Digest, law "From this."

Civil Law is that which neither departs entirely from natural law or the law of nations, nor serves it in everything. Therefore, if we add or subtract something from the common law, we make it a proper law, that is, civil law. This law of ours consists of writings and unwritten traditions, as among the Greeks, Digest, law "Civil Law."

Civil Law also is that which comes from the authority of the leaders, from laws, plebiscites, senate decrees, and imperial decrees, Digest. The "proper law," which they introduced to aid, supplement, or correct civil law for the sake of public utility, is called "honorary," so named from the honor of the prince, Digest, Title 1.

Justice is that by which we are ruled by laws and customs; it is the first precept. It should come to the whole human race, for what we receive through the spirit or the grace we have, that is in its own city, according to which justice is as it were a habit of the soul gathered together, Digest 5, 1, before the proper.

There are six civil laws: laws, plebiscites, senate decrees, the decisions of princes, the edicts of magistrates, and the responses of the learned, as in the Institutes on Natural Law, Regulation 1, Digest, Law 3. And here, because civil law is made from these, the edicts of magistrates are special, as in the Institutes on Natural Law, Title of the time, in the beginning.

Justice is found where the will is to give to each his own, according to these precepts: live honestly, harm no one, give to each his own.

Prudence is the knowledge of divine and human things, and the science of the just and the unjust, Digest, law "Justice."