The Decretum Gratiani, also known as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as the Decretum, is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. It was used by canonists of the Roman Catholic Church until Pentecost (May 19) 1918, when a revised Code of Canon Law (Codex Iuris Canonici) promulgated by Pope Benedict XV on 27 May 1917 obtained legal force.
Around 1150 C.E. Gratian, teacher of theology at the monastery of Saints Nabor and Felix and sometimes believed to have been a Camaldolese monk, composed the work he called Concordia discordantium canonum, and others titled Nova collectio, Decreta, Corpus juris canonici, or the more commonly accepted name, Decretum Gratiani. He did this to obviate the difficulties which beset the study of practical, external theology (theologia practica externa), i.e., the study of canon law. In spite of its great reputation and wide diffusion, the Decretum has never been recognized by the Church as an official collection.
It is divided into three parts (ministeria, negotia, sacramenta). The first part is divided into 101 distinctions (distinctiones), the first 20 of which form an introduction to the general principles of canon Law (tractatus decretalium); the remainder constitutes a tractatus ordinandorum, relative to ecclesiastical persons and function. The second part contains 36 causes (causæ), divided into questions (quæstiones), and treat of ecclesiastical administration and marriage; the third question of the 33rd causa treats of the Sacrament of Penance and is divided into 7 distinctions. The third part, entitled "De consecratione", treats of the sacraments and other sacred things and contains 5 distinctions. Each distinction or question contains dicta Gratiani, or maxims of Gratian, and canones. Gratian himself raises questions and brings forward difficulties, which he answers by quoting auctoritates, i. e. canons of councils, decretals of the popes, texts of the Scripture or of the Fathers. These are the canones; the entire remaining portion, even the summaries of the canons and the chronological indications, are called the maxims or dicta Gratiani. It is to be noted that many auctoritates have been inserted in the "Decretum" by authors of a later date. These are the Paleœ, so called from Paucapalea, the name of the principal commentator on the "Decretum". The Roman revisers of the 16th century (1566–82) corrected the text of the "Decree" and added many critical notes designated by the words Correctores Romani.
The Decretum is quoted by indicating the number of the canon and that of the distinction or of the cause and the question. To differentiate the distinctions of the first part from those of the third, question of the 33rd cause of the second part and those of the third part, the words de Pœn., i. e. de Pœnitentiâ, and de Cons., i. e. de Consecratione are added to the latter. For instance, "c. 1. d. XI" indicates the first part of the "Decree". distinction XI, canon 1; "c. 1., de Pœn., d. VI," refers to the second part, 33rd cause, question 3, distinction VI, canon 1; "c. 8, de Cons., d. II" refers to the third part, distinction II, canon 8; "c. 8, C. XII, q. 3" refers to the second part, cause XII, question 3, canon 8. Sometimes, especially in the case of well-known and much-quoted canons, the first words are also indicated, e. g., c. Si quis suadente diabolo, C. XVII, q. 4, i. e. the 29th canon of the second part, cause XVII, question 4. Occasionally the first words alone are quoted. In both cases, to find the canon it is necessary to consult the alphabetical tables (printed in all editions of Gratian) that contain the first words of every canon.
He is sometimes incorrectly referred to as Franciscus Gratianus, Johannes Gratian, or Giovanni Graziano. For a long time he was believed to have been born at the end of the 11th century, at Chiusi in Tuscany. He was said to have become a monk at Camaldoli and then he taught at the monastery of St. Felix in Bologna and devoted his life to studying canon law, but contemporary scholarship does not attach credibility to these traditions. Since the 11th century, Bologna had been the centre of the study of canon law, as well as of Roman law, after the Corpus Juris Civilis was rediscovered in western Europe. Gratian's work was an attempt, using early scholastic method, to solve seemingly contradictory canons from previous centuries. Gratian quoted a great number of authorities, including the Bible, papal and conciliar legislation, church fathers such as Augustine of Hippo, and secular law in his efforts to reconcile the canons. Gratian found a place in Dante's Paradise among the doctors of the Church:
The vulgate version of Gratian's collection was completed at some point after the Second Lateran Council, which it quotes. Research by Anders Winroth established that some manuscripts of an early version of Gratian's text, which differs considerably from the mainstream textual tradition, have survived. With later commentaries and supplements, the work was incorporated into the Corpus Juris Canonici. The Decretum quickly became the standard textbook for students of canon law throughout Europe, but it never received any formal official recognition by the papacy. Only the Codex Juris Canonici of 1917 put it out of use.
As late as 1997, scholars commonly set the date of completion at 1140, but this accuracy in dating isn't possible after Anders Winroth's groundbreaking scholarship. Research by Anders Winroth shows that the Decretum existed in two published recensions. The first dates to sometime after 1139, while the second dates to 1150 at the latest. There are several major differences between the two recensions:
These differences led Winroth to conclude that Roman law was not as far developed by 1140 as scholars had previously thought. He has also argued that the second recension was due not to the original author of the first recension (whom he calls Gratian 1), but rather another jurist versed in Roman law. However, Winroth's thesis of two Gratians remains controversial.
This field of inquiry is hampered by ignorance of the compiler's identity and the existence of manuscripts with abbreviated versions of the text or variant versions not represented by Winroth's two recensions. One of these is the manuscript St. Gall, Stiftsbibliothek, 673 (=Sg), which some have argued contains the earliest known version (borrador) of the Decretum, but which other scholars have argued contains an abbreviation of the first recension expanded with texts taken from the second recension.
Gratian's sources were Roman law, the Bible, the writings of (or attributed to) the Church Fathers, papal decretals, the acts of church councils and synods. In most cases, Gratian did not obtain this material from a direct reading of the sources, but rather through intermediate collections. Thanks to the research of modern scholars - in particular, Charles Munier, Titus Lenherr, and Peter Landau - we now know that Gratian made use of a relatively small number of collections in the composition of most of the Decretum, these being:
Other sources are known to have been used in the composition of particular sections of the Decretum:
Gratian himself named his work Concordia Discordantium Canonum - "Concord of Discordancies of Canons." The name is fitting: Gratian tried to harmonize apparently contradictory canons with each other, by discussing different interpretations and deciding on a solution. This dialectical approach allowed for other law professors to work with the Decretum and to develop their own solutions and commentaries. These legalists are known as the decretists.
These commentaries were called glosses. Editions printed in the 15th, 16th or 17th centuries frequently included the glosses along with the text. Collections of glosses were called "gloss apparatus" or Lectura in Decretum (see also glossator). Systematic commentaries were called Summae. Some of these Summae were soon in circulation as well and obtained the same level of fame as the Decretum itself. Early commentators included Paucapalea and Magister Rolandus. The most important commentators were probably Rufin of Bologna (died before 1192) and Huguccio (died 1210). Less well-known was the commentary of Simon of Bisignano, which consisted of the Glosses on the Decretum and the Summa Simonis.
The Decretum served as a model for 12th century jurists in the formation of Western law based on rational rules and evidence to replace barbaric laws which often involved trial by ordeal or battle.
The Decretum was called "the first comprehensive and systematic legal treatise in the history of the West, and perhaps in the history of mankind- if by 'comprehensive' is meant the attempt to embrace virtually the entire law of a given polity, and if by 'systematic' is meant the express effort to that law as a single body, in which all parts are viewed as interacting to form a whole. Decretum made a direct contribution to the development of Western law in areas that it dealt with such as marriage, property and inheritance. Specific concepts included consent for marriage and wrongful intent in determining whether a certain act constituted a crime.
The title canon Episcopi (also capitulum Episcopi) is conventionally given to a certain passage found in medieval canon law.
The text possibly originates in an early 10th-century penitential, recorded by Regino of Prüm; it was included in Gratian's authoritative Corpus juris canonici of c. 1140 (Decretum Gratiani, causa 26, quaestio 5, canon 12) and as such became part of canon law during the High Middle Ages.
It is an important source on folk belief and surviving pagan customs in Francia on the eve of the formation of the Holy Roman Empire.
The folk beliefs described in the text reflect the residue of pre-Christian beliefs at about one century after the Carolingian Empire had been Christianized. Its condemnation of the belief in witchcraft was an important argument used by the opponents of the witch trials during the 16th century, such as Johann Weyer.
The conventional title "canon Episcopi" is based on the text's incipit, and was current from at least the 17th century.Corpus Juris Canonici
The Corpus Juris Canonici (lit. 'Body of Canon Law') is a collection of significant sources of the canon law of the Catholic Church that was applicable to the Latin Church. It was replaced by the 1917 Code of Canon Law which went into effect in 1918. The 1917 Code was later replaced by the 1983 Code of Canon Law, the codification of canon law currently in effect for the Latin Church. In 1990, Oriental canon law was codified in the Code of Canons of the Eastern Churches, which is currently in effect for the Eastern Catholic Churches.
The Corpus juris canonici was used in canonical courts of the Catholic Church such as those in each diocese and in the courts of appeal at the Roman Curia such as the Roman Rota.Council of Clermont (535)
The Council of Clermont (Concilium Arvernense) of 535 was one of the early Frankish synods.
Held at Arvernum, (the later Clermont, conquered by Clovis I in 507), it was attended by fifteen prelates of the kingdom of Austrasia under the presidency of Honoratus, bishop of Bourges. Among those bishops attending was Saint Gal, the bishop of Clermont.
Seventeen canons were drawn up at the council, of which the first sixteen are contained in the Decretum Gratiani (compiled in the 12th century by Gratian); they have become part of the corpus of canon law of the Catholic Church, the Corpus Iuris Canonici.
In summary, the canons prohibit bishops from submitting to the deliberations of councils any private or temporal affairs, before having dealt with matters regarding discipline; clerics are forbidden to appeal to seculars in their disputes with bishops; excommunication is pronounced against bishops who solicit the protection of princes in order to obtain the episcopacy, or who cause forged decrees of election to be signed.
The council also declared itself forcefully against the marriages of Christians with Jews, marriages between relatives, and the misconduct of the clergy.
Two further Frankish synods were held in Clermont (Arvernum), one in 549, and the other at an uncertain date towards the end of the 6th century (584/591).Councils of Toledo
Councils of Toledo (Concilia toletana). From the 5th century to the 7th century AD, about thirty synods, variously counted, were held at Toledo in what would come to be part of Spain. The earliest, directed against Priscillianism, assembled in 400. The "third" synod of 589 marked the epoch-making conversion of King Reccared from Arianism to orthodox Chalcedonian Christianity. The "fourth," in 633, probably under the presidency of the noted Isidore of Seville, regulated many matters of discipline and decreed uniformity of liturgy throughout the kingdom. The British Celts of Galicia accepted the Latin rite and stringent measures were adopted against baptized Jews who had gone back to their former faith. The "twelfth" council in 681 assured to the archbishop of Toledo the primacy of Hispania (present Iberian Peninsula). As nearly one hundred early canons of Toledo found a place in the Decretum Gratiani, they exerted an important influence on the development of ecclesiastical law.
The later synod of 1565 and 1566 concerned itself with the execution of the decrees of Trent; and the last council of Toledo, that of 1582 and 1583, was so guided in detail by Philip II that the pope ordered the name of the royal commissioner to be expunged from the acts.
The seventh century is sometimes called, by Spanish historians, the Siglo de Concilios, or "Century of Councils".Decretalist
In the history of canon law, the decretalists of the thirteenth century formed a school of interpretation that emphasised the decretals, those letters issued by the Popes ruling on matters of church discipline (epistolae decretales), in preference to the Decretum Gratiani (1141), which their rivals, the decretists, favoured. The decretalists were early compilers of the papal decretals, and their work, such as that of Simon of Bisignano (c. 1177), was used by the dominant decretist school.The decretalist practice can be divided into three periods. The first (c. 1160–1200) is characterised by the collection of decretals; the second (c. 1200–1234) by the organisation of the collections and the first signs of decretal exegesis; and the final (1234–1348) by extensive exegesis and analysis. Important early decretalists include Bernard of Pavia, who wrote the Summa Decretalium, the Summa de Matrimonio and the Brevarium Extravagantium, and Henry of Susa, whose Summa Copiosa melded canon law with Roman law and was influential into modern times.Decretist
In the history of canon law, a decretist was student and interpreter of the Decretum Gratiani. Like Gratian, the decretists sought to provide "a harmony of discordant canons" (concordia discordantium canonum), and they worked towards this through glosses (glossae) and summaries (summae) on Gratian. They are contrasted with the decretalists, whose work primarily focused on papal decretals.
Early decretists of the Italian school include Paucapalea, a pupil of Gratian's; Rufinus, who wrote the Summa Decretorum; and Huguccio, who wrote the Summa super Decreta, the most extensive decretist work. There was also a French school of decretists starting with Stephen of Tournai.Decretum
Decretum may refer to:
The Decretum Gratiani, a collection of Canon law compiled in the twelfth century by a jurist named Gratian
Decretum Gelasianum, traditionally attributed to Pope Gelasius I, contains a list of works adjudged apocryphal
Decretum de Iudaeis, a series of draft documents of the Second Vatican Council, ultimately released as Nostra aetate
The Decretum of Burchard of Worms, a collection of Canon law compiled the early eleventh centuryGratian (disambiguation)
Gratian can refer to:
Felinus and Gratian (d. 250 AD), martyrs and saints
Gratian the Elder, a 4th-century Roman soldier. Father of the emperors Valens and Valentinian and grandfather of:
Gratian the later fourth century Roman Emperor
Gratian, a 5th-century Romano-British usurper and emperor
Pope Gregory VI (died 1047), whose name was John Gratian before he assumed the papacy
the author of the 12th-century Decretum Gratiani
Gratian of Tours (Gatian), bishop of ToursIntersex people and religion
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".Intersex people were historically termed hermaphrodites, "congenital eunuchs", or even congenitally "frigid". Such terms have fallen out of favor, now considered to be misleading and stigmatizing. Intersex people have been treated in different ways by different religions and cultures, and numerous historical accounts exist.Intersex rights in France
Intersex people in France face significant gaps in protection from non-consensual medical interventions and protection from discrimination. The birth of Herculine Barbin, a nineteenth-century intersex woman, is marked in Intersex Day of Remembrance. Barbin may have been the first intersex person to write a memoir, later published by Michel Foucault.
In response to pressure from intersex activists and recommendations by United Nations Treaty Bodies, the Senate published an inquiry into the treatment of intersex people in February 2017. It calls for significant changes to some medical practices, and also reparations for individuals subjected to coercive medical treatment. An individual, Gaëtan Schmitt, has taken legal action to obtain civil status as "neutral sex" ("sexe neutre") but, in May 2017, this was rejected by the Court of Cassation.Intersex rights in Germany
Intersex people in Germany have no recognition of their rights to physical integrity and bodily autonomy, and no specific protections from discrimination on the basis of sex characteristics. In response to an inquiry by the German Ethics Council in 2012, the government passed legislation in 2013 designed to classify some intersex infants to a de facto third category. The legislation has been criticized by civil society and human rights organizations as misguided.
Research published in 2016 found no substantive reduction in numbers of intersex medical interventions on infants and children with intersex conditions in the period from 2005 to 2014. The United Nations and Amnesty International have joined local intersex civil society organizations in calling for protections.Intersex rights in Malta
Intersex rights in Malta since 2015 are among the most progressive in the world. Intersex children in Malta have world-first protections from non-consensual cosmetic medical interventions, following the passing into law of the Gender Identity, Gender Expression and Sex Characteristics Act in 2015. All Maltese intersex persons have protection from discrimination. Individuals who seek it can access to simple administrative methods of changing sex assignment, with binary and non-binary forms of identification available.Intersex rights in Switzerland
Intersex people in Switzerland have no recognition of rights to physical integrity and bodily autonomy, and no specific protections from discrimination on the basis of sex characteristics. In 2012, the Swiss National Advisory Commission on Biomedical Ethics published a report on the medical management of differences of sex development or intersex variations.Johannes Teutonicus
Johannes Teutonicus may refer to:
John of Wildeshausen, called Johannes Teutonicus (ca. 1180–1252) - Master General of the Dominican order
Johannes Teutonicus Zemeke (d. 1245) - glossator on the Decretum Gratiani, see Glossa OrdinariaPaucapalea
Paucapalea was a canon lawyer of the twelfth century. He produced the first commentary on the Decretum of Gratian, his teacher.Simon of Bisignano
Simon of Bisignano was a teacher of canon law in Bologna in the 1170s. He composed a Summa on the Decretum Gratiani between March 1177 and March 1179. Like Paucapalea, he, too, might have been a student of Gratian himself.Stephen of Tournai
Stephen of Tournai, (March 18, 1128 - September 11, 1203), was a Canon regular of Sainte-Geneviève (Paris), and Roman Catholic canonist who became bishop of Tournai in 1192.Summa Parisiensis
The Summa Parisiensis is an anonymous commentary on the Decretum Gratiani from about 1170.The Decretum Gratiani or Concordia discordantium canonum is a collection of Catholic Church Canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian.Teutonicus
Teutonicus is Latin for Teutonic or Germanic.
It was often used as a surname in the Middle Ages:
Walerland Teutonicus - 13th century Lord Warden of the Cinque Ports
Notker Teutonicus (950–1022) - monk and author
Franco Teutonicus or Franco of Cologne - 13th century music theorist
Theodoricus Teutonicus de Vrîberg or Theodoric of Freiberg (ca. 1250–ca. 1310) - Dominican friar and physicist
Julianus Teutonicus or Julian of Speyer - 13th century Franciscan friar, composer, poet and historian
Johannes Teutonicus or John of Wildeshausen (ca. 1180–1252) - Master General of the Dominican order
Johannes Teutonicus Zemeke (d. 1245) - glossator on the Decretum GratianiOther uses include:
Furor Teutonicus ("Teutonic Fury"), Latin phrase referring to the proverbial ferocity of the Teutones
Mos Teutonicus - an embalming method
Ordo Teutonicus - "German Order", The Teutonic Knights
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