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Dr. Edward Peters

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6 may 2018

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Codex Vigens 1983

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Academic Works

Related

 

Corpus Iuris

Canonci, here.

 

Ius Antiquum, here.

 


Overview

 

This page undergoing development

Master Page on Gratian and his Concordia (c. 1140)

 

This page organizes material fundamental to the study of Gratian his magnum opus, the Concordia (approx. 1120-1140).

 

Background

Gratian is known as the Father of Canon Law. Little is known about his life but the publication of his compilation of canons in the early 12th century established canon law as discipline independent from theology. Known to history as the Concordia (or Concordantia) discordantium canonum, or more commonly (though quite misleadingly), the Decretum Gratiani, Gratian's masterwork was never officially recognized by the Church and had no authority beyond that already enjoyed by its individual provisions. Nevertheless this great work controlled canonical discourse for roughly a century until the appearance of Gregory IX's authoritative collection, the Quinque Libri Decretales in 1234, and it strongly influenced canon law until the Council of Trent. Even thereafter, Gratian's Concordia served as a trove of canonical insight until the advent of codified law in the early 20th century.

 

 

 


Overview

 

wiki

Decretum Gratiani

 

Winroth's

Domus Gratiani

 

 

 


Editio Typica

official edition

 

Master Page on

Corpus Iuris Canonici

 

Master Page on

Gratian's Concordia

 

Master Page on the

Ius Decretalium

 

Resources on

Ius Decretalium (Friedberg edition)

  

Resource Page

on Ferraris,

Prompta Bibliotheca

 

Resources on the

Ius Novissimum

 

Readings in the

History of Canon Law

An original and/or critical edition of Gratian's Concordia does not exist. The most common version of Gratian's Concordia only (i.e., without the Glossa Ordinaria) in use today is the one produced by Friedberg in the late 19th century.

 

See A. Friedberg, ed., Corpus Iuris Canonici editio Lipsiensis secunda post Aemilii Ludouci Richteri curas, Pars Prior: Decretum Magistri Gratiani, (various publishers, most recently Lawbook Exchange, 2000). For an orientation to the vast field of Gratian studies, see e.g., P. Torquebiau, “Corpus Iuris Canonici”, DDC IV: 610-644, esp. "Le Décret de Gratien", 611-627. Gratian's Concordia is available here.

 

The Glossa Ordinaria on the Concordia was written by several commentators, but most notably Johannes Teutonicus (c. 1215) and Bartholomeus Brixensis (c. 1245).  See S. Stelling-Michaud, "Jean le Teutonique", DDC VI: 120-122, and  G. Le Bras, "Bartholomeus Brixiensis", DDC II: 216-217.

 

 

Yale's gorgeous copy of Gratian's Concordia shows the basic

text in center columns surrounded by the Glossa Ordinaria


Medieval citation style for Gratian's Decretum

 

 

 

 

 

 

 

Gratian's Decree is divided into three parts.

  • Part One groups its materials into 101 "Distinctions", most of which are subdivided into "canons". This information is traditionally provided, however, in reverse order, so that "c. 7, D. I" means "canon 7 of Distinction I of Part One of Gratian's Decree".

  • Part Two is organized under 36 "Cases", most of which are divided into "questions", most of which in turn contain one or more "canons". This information is also provided counter-intuitively, so that "c. 1, C. I, q. 1" means "canon 1 of question 1 in Causa 1 of Part Two of Gratian's Decree".

  • Part Three is arranged into 5 "Distinctions", all of which contain at least some "canons". Potential confusion owing to the fact that abbreviation letter "D" was used above for "Distinction" is eliminated by the addition of "de cons" (or a closely related version thereof), short for "de consecratione", the general title of the third part, to all citations. Predictably then, "c. 1, D. I, de cons." means "canon 1 of Distinction 1 of Part Three (called de consecratione) of Gratian's Decree."

There are only two (perhaps three) things that can confuse one in Gratian citations.

  • First, question 3 of Cause 33 is divided into "Distinctions", which are in turn divided into "canons". It is also not called "Question 3 of Cause 33" but rather, "de poenit." short for "de poenitentia". Thus, "c. 6, D. I., de poenit." means "canon 6 of Distinction I of Question 3 of Cause 33 of Part Two of Gratian's Decree."

  • Second, the Roman numeral letter "X" for number 10, can be confused with a very common abbreviation for the second part of the Corpus Iuris Canonici, the Liber Extra.

  • Third, one might be confused by the fact the letter "c." stands for "canon" in Gratian, but for "chapter" in the rest of Corpus Iuris Canonici.


Early Commentary

on Gratian

J. von Schulte, ed., Die Summa des Paucapalea über das Decretum Gratiani (Emil Roth, 1890). qqq On the place of in canonistics see e.g.,

 

See also P. Torquebiau, “Corpus Iuris Canonici”, DDC IV: 610-664 esp. “Les Palae” at 614-615, and T. McLaughlin, "Paucapalea" NCE2 (2003) XI: 1.

 

On the place of in canonistics see e.g.,

 

F. Thaner, ed., Die Summa Magistri Rolandi nachmals Papstes Alexander III (Wagner’Schen, 1874).  qqq On the place of Rolandus in canonistics see, e.g., M. Pacaut, "Roland Bandinelli (Alexander III)", DDC VII (1965): 702-726.

 

H. Singer, ed., Rufinus von Bologna (Magister Rufinus) Summa Decretorum (Ferdinand Schöningh, 1963). qqq On the place of Rofinus in canonistics see, e.g.,

 

 

 

See also R. Benson, "Rufin", DDC VII: 779-784, and L. Boyle, "Rufinus" NCE2 XII: 403-404.

 

J. von Schulte, ed., Die Summa des Stephanus Tornacensis über das Decretum Gratiani (Emil Roth, 1891). See also =.

 

T. McLaughlin, ed., The Summa Parisiensis on the Decretum Gratiani (Pontifical Institute of Mediaeval Studies, 1952). See also C. Lefebvre, "Parisiensis (Summa)", DDC VI: 1230-1231.

 

Francis Firth, ed., Robert of Flamborough, Liber Poenitentialis, a Critical Edition with Introduction and Notes (Pontifical Institute of Medieval Studies, 1971). Review: T. Halton, The Jurist 33 (1973) 109-110. See also F. Firth, "Robert of Flamborough", NCE2 XII: 267-268.

 

 

 

A very important study of the development of Gratian's Concordia.

 

Anders Winroth, The Making of Gratian's Decretum (Cambridge, 2000) 245 pp. Reviews: K. Pennington, Speculum 78 (2003) 293-297; A. Thompson, Theological Studies (63 (2002) 391-393; J. Brundage, Journal of Ecclesiastical History 53 (2002) 352-354; P. Landau, Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte (2002) 589-594; and T. Watkin, Ecclesiastical Law Journal 6 (2002) 281-284. • Outstanding work. Order it here.


Some Gratian in English

 

Gratian, The Treatise on Laws (Decretum DD 1-20) with the Ordinary Gloss, trans. by A. Thompson and J. Gordley (Catholic University of America, 1993) 131 pp. Reviews: J. Lynch, The Jurist 54 (1994) 335-337, and A. Gauthier,  Studia Canonica 28 (1994) 524-525. • Superb work, with a fine orientation to Gratian studies in its Introduction. Order it here.


Other selected Studies

Wolfgang Müller, Huggucio: The Life, Works, and Thought of a Twelfth-Century Jurist (Catholic University of America, 1994). Easily the best study of this very interesting canonist.

 

Stanley Chodorow, Christian Political Theory and Church Politics in the Mid-Twelfth Century: The Ecclesiology of Gratian's Decretum (University of California at Los Angles, 1972) 300 pp.

 

John McCarthy, "The Genius of Concord in Gratian's Decree", Ephemerides Iuris Canonici 19 (1963) 105-151, 259-295.

 

User notes

There might be editions of works that pre-date or post-date those cited herein. Reviews and Notes are grey-highlighted, on-line biographical information is underlined blue-linked, and matters in green highlights are of special interest. Yellow highlights are cautions for users, while the markers "=", "≠", and "≈" are placeholders for use by webmaster.


Staging

 


 Materials on this website represent the opinions of Dr. Edward Peters and are offered in accord with Canon 212 § 3.

This website undergoes continual refinement and development. No warranty of completeness or correctness is made.

Dr. Peters' views are not necessarily shared by others in the field nor are they intended as canonical or civil advice.

 

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