Each distinction or question contains dicta Gratiani, or maxims of Gratian, and canones. Gratian found a place in Dante's Paradise among the doctors of the Church: He has long been acclaimed as Pater Juris Canonici (Latin, "Father of Canon Law"), a title he shares with his successor St. The vulgate version of Gratian's collection was completed at some point after the Second Lateran Council, which it quotes.Gratian himself raises questions and brings forward difficulties, which he answers by quoting auctoritates, i. canons of councils, decretals of the popes, texts of the Scripture or of the Fathers. 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.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. With later commentaries and supplements, the work was incorporated into the Corpus Juris Canonici.
These are the Paleœ, so called from Paucapalea, the name of the principal commentator on the "Decretum". Only the Codex Juris Canonici of 1917 put it out of use.
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. These differences led Winroth to conclude that Roman law was not as far developed by 1140 as scholars had previously thought.
The Decretum is quoted by indicating the number of the canon and that of the distinction or of the cause and the question. 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.
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. An illustration from a 13th-century manuscript of the work, illustrating the kinds of blood relatives and common ancestry which made marriage impossible and contracted marriages null - it has since then been dispensed with so third cousins can now marry.
The Decretum Gratiani, also known as the Concordia discordantium canonum or Concordantia discordantium canonum, 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 obtained legal force. the 29th canon of the second part, cause XVII, question 4. 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. For a long time he was believed to have been born at the end of the 11th century, at Chiusi in Tuscany.
composed the work entitled by himself, Concordia discordantium canonum, but called by others Nova collectio, Decreta, Corpus juris canonici, also Decretum Gratiani, the latter being now the commonly accepted name. In spite of its great reputation and wide diffusion, the Decretum has never been recognized by the Church as an official collection. He was said to have become a monk at Camaldoli and then he taught at the monastery of St.
He did this to obviate the difficulties which beset the study of practical, external theology (theologia practica externa), i. It is divided into three parts (ministeria, negotia, sacramenta). Felix in Bologna and devoted his life to studying canon law, but contemporary scholarship does not attach credibility to these traditions.