Gratian (jurist)

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 27 May 1917 obtained legal force.

It was about 1150 that Gratian, teacher of theology at the monastery of Saints Nabor and Felix and sometimes believed to have been a Camaldolese monk, 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. 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.

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