Decretum Gratiani
From Freepedia
The Decretum Gratiani is a collection of canon law written around 1140 by Gratian. It forms the first part of a collection of six legal texts, which were summarized in the Corpus Iuris Canonici. The inspiration for this was the Corpus Iuris Civilis, the collection of Roman law written during the reign of Justinian I.
Contents |
Sources
Gratian's sources were Roman law, the Bible, papal bulls, the acts of church councils and synods, and other collections of laws. The publication of his Decretum had a profound effect: it allowed canon law to be taught and learned in a scientific manner, especially at the famous law school at the University of Bologna.
It was occasionally claimed that Gratian did not use Burchard of Worms' Decretorum Libri XX, but this does not appear to be true. Gratian systematically mentions a number of other collections, but Burchard's name is also mentioned twice in the Decretum (both times in D.73.1. Freisen even proved that Gratian used one probably falsified passage from Burchard in his own Decretum, and corrected it at the same time (C.35 q.5 c.1 and C.35 q.4 c.1 - in Burchard, Bur. 7.10).
A very important source is the so-called Collection in three books, a collection available in only two manuscripts (Bibliotheca Apostolica Vaticana, Vat. lat. 3831, and Pistoia, Archivio Capitolare del Duomo, C 109), which had considerable influence on the second compilation of the Decretum. It is thanks to Anders Winroth that we have this collection.
Development
Gratian taught law or canon law in Bologna. Because of his occupation with this subject it seemed useful to produce a standard work for canon law comparable to the Corpus Juris Civilis, and thus the Decretum was born.
Effect
Gratian himself named his work Concordantia Discordantium Canonum - "Corcordance of Discordant 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 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 Summa. Some of these Summa were soon in circulation as well and obtained the same level of fame as the Decretum itself. Early commentators included Paucapalea (before 1148) and Magister Rolandus, who was identified, probably erroneously, with Pope Alexander III, a fellow law professor at Bologna.
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.
Sources
- Joseph Freisen: Geschichte des Kanonischen Eherechts bis zum Verfall der Glossenliteratur. 2. Auflage, Schöningh, Paderborn 1893 (Nachdruck: Scientia, Aalen 1963)
