DECRETUM GRATIANI: CORNERSTONE OF CANON LAW

Author(s): DARIO C. FERREIRA and SANDRA A. SAWICKI

Source: The Quarterly Journal of the Library of Congress, Vol. 34, No. 4 (October 1977), pp.
327-338
Published by: Library of Congress
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 DECKET UM

GRATIANI

CORNERSTONE
OF CANON LAW

AND SANDRA A. SAWICKI

BY DARIO C. FERREIRA

The legal tradition familiar to Western man, a than promulgated by political authorities. After the
tradition based on legal systemsand law as a science, fall of the Roman Empire, Roman law, which had
owes an incalculable historical debt to canon law, dominated Western and Eastern Europe for cen?
or church law, which is rarely turies, diminished in influence and was slowly
acknowledged. Legal
systems as we know them today did not exist until superseded by the customs and practices evolved
around the tenth century when the Roman Cath? by the civilizations of the Goths, Vandals, Franks,
olic Church began to structuralize and unify the Saxons, and other Germanic tribes. Laws in written
diverse laws and legal institutions it had developed formwere quite scarce. The legal profession did not
since the beginning of Christianity. It was not until exist. Related legal literature, so important now in
after the eleventh, twelfth, and thirteenth centuries, assisting attorneys and other legal professionals in
when the church had already substantially sys? their interpretations of the letter and spirit of the
tematized its legal heritage, that nations and lawT,was unknown in Europe during the Middle
kingdoms adopted the legal models designed by Ages. Law as a separate and independent body of
ecclesiastical authorities.
From a modern vantage point, it is almost shock? Dario C. and Sandra A. Sawicki are legal research
Ferreira
in the Hispanic Law Division of the Law Library.
ing to realize that until the twelfth centurymost of
assistants
Dr. Ferreira holds an advanced degree in canon law and
the legislation governing Europe, the cradle of
is responsible for the development and service of the canon
Western civilization, was in the form of customary law collection of the Law Library of the Library of
law accepted through tradition and practice rather Congress.

327

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 328
rules and procedures distinguishable from social
customs and political institutions had not yet been
born.
Until the twelfth century, canon law formed an
integral part of the discipline of theology and dealt
with the application of theological principles to
specific cases involving ecclesiastical and religious
matters. Responsibility for the elevation of canon
law to a distinct juridical science and field of study
is attributed to Gratian, a twelfth-century Italian
monk and educator. Pope Pius XII calls Gratian
"quasi par ens et auctor juris canonici" (almost like
the father and founder of canon law) -1
Until the time of Gratian, canon law was not a separate
science. . . .The need was felt of obtaining for canon law
the status of a separate science with its own chair at the
... It was thus recognized that the time was
university.
ripe for canon law, while remaining a sacred science, "to
assume a precise juridical character. . .
Gratian was the man destined to initiate the new
movement. . . ."

Gratian raised the status of canon law by publish?

ing the Concordantia discordantium canonum
[Concordance of discordant More com?
canons].
monly known as theDecretum Gratiani, or Decrees
of Gratian, thismonumental work is the first legal
treatisewritten in theWest to employ the systematic
techniques of coordination and synthesis of many
legal texts in combination with annotations. Thus
originated one of the foundations of modern legal Title page from a 1591 edition of the Decretum Gratiani.
science, the authoritative source book containing LC-USZ62-62579
legal information.

Among the Library's many editions of theDecre? Gratiani and such other significant church law col?
tum Gratiani is a famous 1514 Venice edition, one lections of papal decretals as the Liber extra, the
of the approximately five copies existing in theworld Liber sextus, and theLiber Septimus. Editions of the
Corpus iuris canonici containing the Decretum in
today. The 1560 and 1613 Lyons and 1584 Venice
editions, considered rare, also may be found in the the possession of the Law Library are the seven?
Library's canon law collection. Other editions? teenth-century editions printed in Lyons (1605 and
many of which are incunabula?included are the 1622), Venice (1615), Paris (1618), and Rome
1471, 1472, and 1484 the 1472 (1650); the eighteenth-century editions from
Strasbourg editions;
Mainz edition; editions printed in Venice in the Cologne (1728 and 1783), Turin (1745), and Mag?
years 1479, 1489, 1496, 1498, 1528, 1572, 1605, and deburg (1747) ; and two nineteenth-century editions
1617; the 1482, 1511, and 1512 Basel editions; the printed in Leipzig (1839 and 1879-81).
1483 Nuremberg edition; and a 1518 Decretum The Decretum Gratiani so revolutionized the
printed in Paris. Worthy of mention as well is an status and study of ecclesiastical law that one can
Italian manuscript containing the Decretum confidently speak of canon law b.g. (before Gra
Gratiani with critical annotations by the glossists tian) and canon law a.g. (after Gratian). Its im?
Teutonicus (1216) and Bartolomew of Brescia portance radiates beyond canon law and the church,
(1241-45). for it represents one of the earliest milestones in the
The Corpus iuris canonici, completed in 1437 by evolution of Western law.
the Council of Basel, includes the entire Decretum remains
Despite his colossal contribution, Gratian

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 329
an obscure historical figure. It is as if the monu? university undoubtedly influenced Gratian in his
of the work eclipsed the creator. While aim to harmonize church law and
mentally legal sources. He
canonists and historians have written on was encouraged by other scholars and
copiously theologians
the Decretum Gratiani, very few of them have who felt the time was opportune to transfer canon
delved into the details of Gratian's life. It is com? law to a separate discipline away from its traditional
monly believed thatGratian was born in theTuscan attachment to theology.
village of Chiusi at the end of the eleventh century When Gratian began writing his Decretum, the
or the beginning of the twelfth.3 church had recently emerged as a separate but
equal
As a youth, Gratian left home for the northern power in relation to secular authority, which had
city of Bologna and entered the religious life as a controlled the church until the twelfth century.
Camaldolese monk. Eventually he became a teacher Until then there had been no real distinction be?
of theology and canon law at theMonastery of Saints tween ecclesiastical and secular institutions. Chris?
Felix and Nabor in Bologna. He is believed to have tians were ruled politically and
spiritually by the
died in 1160. same secular power which
incorporated the church
In Gratian's time, canon law was a
complex,
con? and clergy within it. Popes were appointed and dis?
fusing, and disorganized mass of regulations and missed by kings and emperors. Lesser
clergy also
writings in a myriad of canonical sources, some owed allegiance to secular rulers. In 1075, however,
dating as far back as the times of Christ. Legislative Pope Gregory VII (1073-85) asserted ecclesiastical
norms were hopelessly mixed up with theological authority by decreeing the church, under papal lead?
tracts and liturgy.The unwieldiness of thematerials ership, was legally supreme over Christians and not
begged for refinement and reduction, coordination subject to secular power.5 He also decreed that bish?
and synthesis,harmony and order.With these ideals ops and other clergywere to be named by the pope
in mind, Gratian determinedly labored, probably and were subordinate to him alone. By compelling
between the years 1139 and 1148, to compile a work recognition of its rights and position, the church
thatwould eliminate themany contradictions found brought on a war against secular heads of state that
in the previous canonical collections and that would ensued from 1077 to 1122. At the end of the war,
serve as the church's one definitive and a compromise was reached which
complete split the former
systematic
source of ecclesiastical law. church-state unit into two distinct but equal realms
Gratian's environment and the moment in church or jurisdictions. The new stature of the church
history and literature during which he lived were energized its leaders and gave impetus to the devel?
propitious for creating a work of great and lasting opment of canon law as a
system which evolved over

significance. In the twelfth century Bologna was the century which followed.
embued with intellectual drive and a Trends in canonical collections of theWestern
spirit of en?
lightenment. The firstmodern law school inEurope church seemed to lead toGratian and his era as well
was established there in 1100, and it soon as to a resurgence of interest and to reform. Before
developed
into a leading center for the the twelfthcentury church law had been intertwined
study of law.4The basis
for Bologna's legal curriculum was the in itswritten formwith
Corpus iuris theology and liturgy.Peri?
civilis, a Roman law code compiled during the sixth odically, collections would appear derived from holy
century under the direction of Emperor Justinian writings, decisions of church councils and bishops,
I. The manuscript had been discovered in the laws of Christian kings concerning the church, tracts
pre?
vious century in an Italian
library and brought to describing sins and the corresponding penances, and
the attention of the
Bolognese scholars. Justinian's other religious issues. These collections were un?
collection was admirably and in arrangement, were
practically arranged sophisticated rarely of uni?
into four parts which contained
imperial ordinances versal scope, and had littlegenuine legislative value.
and decisions enforced before
Justinian's reign, a Exceptional compilations with vision did emerge
legal textbook, and digests of legal opinions by occasionally. Generally they were produced by
Roman jurists.The ancient Roman
compilation was clergymen who dedicated them to such high eccle?
a marvel because of its
completeness, form and siastical authorities as archbishops, bishops, and ulti?
and to reconcile
unity, ability contradictory texts. mately popes. Among the compilations is the fol?
The intellectual excitement it
generated in the lowing :

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 330
La collection en 74 titres, souvent intitulee Diversorum laws and regulations. An intelligent and practical
sententiae Patrum. . . .
collection by Sidon, published in 1135, was consid?
L'auteur de cette collection est inconnu. Nous sommes
en droit de penser a e*te composee ? la curie
ered a prelude to the work later accomplished by
qu'elle
romaine. . . . D'ailleurs, de l'examen du contenu de ce Gratian.
recueil resulte qu'il est possible de le considSrer sans When it came to a question of practical use, these
temerite comme un manuel dans
redige Tentourage
sur sa demande,
collections, from such diverse European countries
d'Hildebrand et probablement pour
and historical periods, displayed many defects. Since
l'usage des partisans de la reforme ecclesiastique.6
the collections did not follow plans for general ar?
Between 1012 and 1023 Bishop Burchard ofWorms, rangement, rules and were
particular regulations
Germany, compiled his Liber decretorum collecta nearly impossible to locate. Ecclesiastical laws were
riumwhich was widely accepted and used inEurope. not separated from secular legislation, nor was uni?
This progressive work systematized some aspects of versal law from local law. Discrepancies and contra?
canon law but contained texts of doubtful origin dictions were numerous, and many regulations had
and failed to establish the church as a legislative and become obsolete and had been replaced in actual
judicial unit. practice by others. Consequently therewas a great
Under the reign of Gregory VII (1073-85) need for compiling a new work that would survey
canon law experienced a renewal of interest and
comprehensively the church law thatwas in force.
activity. Scholars eliminated many apochryphal
texts, and numerous ancient and authentic sources
surfaced from the obscurity of church archives and
libraries. Several legislative textswere written under
the Gregorian spirit; among these, two noteworthy DECR?1*VM
collections were produced by Anselm of Lucca and GRATIANI
Cardinal Deusdedit.7 Bishop Ivo of Chartres com? BMBNDATVM BT KOTATIONIBVS
"
piled a Decretum containing most of Burchard's I L L VST R A T Y M
work assembled with a diversity of other texts in no Vhi aungMis*
particular order. Another work by Ivo, Panormia, g RECO RIO Mtl. PONT.
was more systematic in its approach, but failed to
achieve the harmonization required by the church
to cope with canon law.

Dal sec. IX al XII si vennero formando molte collezioni

sistematiche delle norme canoniche, che prepararono l'ul
teriore sviluppo della scienza canonistica. Di queste colle?
zioni se ne contano piu di cinquanta. Tra le maggiori si
possono ricordare:
I
In Italia: Collectio Anselmo de die at a, dedicata cioe ad
Anselmo II, Arcivescovo di Milano (fine sec. IX); Coll.
. .
Cardinalis Deusdedit (fine sec. XI)..
In Francia: Collectio tripartita, Decretum e Panormia
di Ivone di Chartres. . . .
In Germania: I due libri De synodalibus causis di Re
ginone di Pr?m (fine sec. IX): il Decretum di Bucardo di
Worms (princ. sec. XI).8

A French priest who became Pope Urban II YEN ET I IS, MDXCI.

(1088-99), continued the progressive policies and
spirit initiated by Gregory and encouraged compila?
tions and collections of canon law sources. In the
twelfth century the reappearance of
Justinian's code
in the law school of the
University of Bologna
sparked hope that ways and means could be found iuris cano?
Title page from a 1615 edition of the Corpus
to systematize the
burgeoning mass of ecclesiastical nici. LC-USZ62-62580

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 331
Another shortcoming of pre-Gratian canonical He depended secondarily upon the extensive
literature was its politization. Eleventh-century amount of conciliar documentation he had
compilers had produced collections thatwere orga? assembled. Collections compiled by his forerunners
nized or designed to support papal claims to inde? which he chose to incorporate into his own De
pendence from secular domination. A purge of the cretum were theworks of
Bishop Burchard, Anselm
political tone from legal collections was in order if of Lucca, Cardinal Deusdedit,
Bishop Ivo (both
canon law was to achieve universal and lasting
ac? published and unpublished sources attributed to
ceptance in serving theworldwide institution of the him), and an 1144 collection said to be the work
church. These exigencies fell upon Gratian, who ap? of a Cardinal Gregory.
plied diligent, enlightened, and astute observations The canonical collections used by Gratian were:
principal
and the "Decretum
reasoning. of Burchard," the "Collection of Anselm
Scholarly research always begins with assembling of Lucca," the "Collection of Cardinal Deusdedit," the
and selecting sourcematerials to be used in the reali? "Two Collections of Ivo" (sc. the "Decretum" and the
the "Polycarpus," the "Breviatio
zation of a particular project. In Gratian's case the "Panormia"), Fulgentii
11
Ferrandi," and the "Collectio Anselmo dicata."
taskwas nearly gargantuan, considering themass of
canonical writings and documents compiled over the When completed around 1148, the Decretum
twelve centuries of the church's existence and oper? Gratiani, including about four thousand capitula
ation. Gratian retrieved all available church legisla? ("chapters"), was divided into three parts. The
tion of thepast from the Sacred Scriptures, decretals first part comprises 101 distinctiones
dealing with
of the popes, writings of such church fathers as sources or topics of canon law. Gratian subdivided
Saint Augustine, and the decrees from ecclesiastical this part in the following manner: Tractatus
councils which he coordinated; All texts that could decretalium [Treatise of decretals], dist. 1-20; the
not be traced to canonical sources, clergy and ordination, dist. 21-59; the election,
regional church
laws, and superseded legislation were discarded. He consecration, and juridical status of such high
added such contemporaneous papal and conciliar ranking ecclesiastical authorities as bishops, dist.
decrees as the recent canons promulgated by the 60-90; and the ecclesiastical powers of lower-rank?
Second Lateran Council meeting in 1139, and he ing church members, dist. 91-101. The texts of the
quoted at times fromRoman law. distinctiones are generally interspersed with
of
Gratian's own commentary, which synthesizes his
Sources the Decretum. These are (1) Sacred
Scripture; (2) Canons of the Apostles from the "Diony interpretation on a particular legal point. This
siana"; (3) Canons of many Councils and synods, both annotation system unified and elucidated the work
Greek and Latin, . . . and introduced to it an expository element. Gratian
(4) letters of Roman Pontiffs; (5)
works of the Fathers, as Sts. Jerome, Augustine, Ambrose often cited the opinions of respected authorities on
and Isidore; (6) works of ecclesiastical writers ...
(8) a given subject. His
Civil Law, as the
Institutes, the Pandects, the Code of logical sequential arrangement
Justinian, the Novels, the Theodosian the Code of
of the distinctiones enhanced the Decretum's role
Code,
Alaric, the Capitularies of Frankish and German in the church and in law circles.
Kings.9
The author's intention in compiling
The second part of theDecretum was devoted to
the Decretum was
to eliminate, as far as possible, the contradictions exist? thirty-six causae ("causes"), which in turn were
ing between the various texts, co-ordinating them into one subdivided into many quaestiones ("questions").
complete system. ... It includes canons of both uni?
versal and particular councils, papal
Although the causae number considerably less than
decretals, capitularies
of bishops, penitential canons, texts of Scripture and the
the distinctiones, they are more extensive when
Fathers, and quotations from Roman and other civil law.10
coupled with their corresponding quaestiones and
Gratian possessed an constitute nearly 70 percent of the total Decretum.
extraordinary intuition and
a juridical sixth sense, forhe was This division concerned the various problems of the
frequently capable
of discerning and church jurisdiction, offenses, and legal proceedings.
extracting previously unidentifia?
ble legal principles or foundations from such less Nearly all aspects of church discipline common to
known sources as tracts and theMiddle Ages were included. Gratian's ingenious
homilies, as well as
from the more widely consulted and innovative approach to systematizing law is
Holy Scriptures.
The Scriptures, which he cited evident in the causae. In fact, each causa is a
constantly, appear
to be his
primary source of ecclesiastical authority. hypothetical case or problem, involving one point
or

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332

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 333

another of canon law, whose solution is indicated merit, earned the titles of Father of the Scientific
by Gratian's citing of the particular canons relative Study of Canon Law and Founder of the New
to the problem. For example, Causa I concerns the School of Canonical Thought. The Decretum,
crime of simony, the buying and selling of church which was widely published throughout Europe,
offices. Gratian constructs a hypothetical case of a was used in all European universities as a manual
fatherwho, upon placing his son in a monastery, is for canon law because it was both
scholarly and
charged a fee by the abbott. The fee is construed as practical. Others canonists were grateful for the
a bribe later when, after the son's ordination, he existence, at long last, of a code of canon law, and,
rises to the position of bishop. The bishop then at the same time, of a reliable and
comprehensive
ordains priests and accepts monetary compensation source of canonical information on rules, regula?
from some of them. In this case, there is a multiple tions, and institutions of the Roman Catholic
commitment of the sin of simony. Gratian examines Church?two essentials that had eluded them for
simony, both known and unknown to the beneficiary, centuries.
its influence upon the sacraments and the execution
The work of Gratian was received with the greatest ap?
of religious duties, the bishop's consecration to his ... In actual fact the work excited the atten?
probation.
office, and his ordination of priests from whom he tion and admiration of all canonists since it contained
the whole of canonical
accepted money and of those from whom he did knowledge of the time, and was
therefore precious both as a collection of canons and as
not. Seven quaestiones in this case contain 114 pages
a book of institutions. With the publication of this work the
of discussions concerning legal precedents and con? innumerable series of collections came to an end and a new
sequences. Frequent quoting of related papal age began in the history of canon law.12
decisions and interpretations is evident.
The position of the Decretum as the foundation
The third part, De consecratione, deals exclu?
for canon law's new was further
sivelywith the sacraments of the church and is di? importance

vided into five distinctiones. Gratian particularly strengthened by Gratian's students and disciples as
they continued to analyze, write upon, perfect, and
emphasized consecration of churches, theHoly Eu?
charist, feast days, Baptism, and Confirmation. interpret the whole work and parts thereof during
the book's completion, Gratian received the years after its publication. His disciples, "be?
Upon
acclaim. total Decretum
cause they were dedicated to the study and diffu?
overwhelming The repre?
sented the coordination,
sion of the work of theirmaster, became known as
synthesis, and arrangement " 13
the 'Decretists.' the first follower
of over thirty-fourhundred legal texts that had di? Paucapalea, of

rected church affairs and administration for 1,140 Gratian, added canons throughout the Decretum
to make it more
years. The organized presentation of canonical complete. Initially his additions
were in the form of glosses, but later
material of such incredible depth and breadth had theywere in?
never been achieved by any clerical scholar before corporated directly into the text under the heading
Gratian. The Decretum, remarkable for the labor it Palea. Other outstanding decretists included Ro?
involved and the of its content, was land Bandinelli, a Bolognese teacher and later Pope
universality ap?
Innocent III (1198-1216), who added glosses and
proved and accepted in Bologna, Europe's center of
a a
prestige and scholarship; its fame then spread to summa, doctrinal statement
appearing apart
other parts of the Continent. The two most salient from the text and in a systematic arrangement;
factors of the Decretum3s immediate success were its Rufinus, a student from Bologna who wrote glosses
publication in Bologna and its timeliness, coinciding and a summa; Omnibonus, a teacher in Bologna
with the popularity in university circles of and later bishop of Verona; Stephen of Tornay, a
Justin?
ian's Roman law compilations. student in Paris and Bologna; John of Faenza, who
Gratian himself lectured at theUniversity of Bo?
composed in 1171 a summa based on Rufinus's and
logna on theDecretum and, by virtue of his achieve
Stephen's works; Albert of Beneventus, who
taught at Bologna and later became Pope Gregory
VIII (1187); Cardinal Gratian, a teacher at Bo?
logna who added glosses; Gandulph, a Bolognese
Distinctio from thefirstpage of theLaw Library's 1482 professor who compiled glosses and other decretist
edition on whose commen
of the Decretum Gratiani. writings matrimony; Bazianus,

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 334
taries analyzed the Decretum and the summa of ale of separating the distinctiones of the firstpart
John of Faenza; Simon of Bisignano; Sickard of from those of the third part and the simultaneous
Cremona, a student at Bologna and later a teacher presentation of ecclesiastical problems under both
at Mainz; Huguccio of Pisa, a Bolognese teacher distinctiones and causae.15 In other words, he ques?
and later bishop of Ferrara, who wrote one of the tioned the structure upon which Gratian built his
more outstanding summae on the Decretum] and model for the systematization of canon law. Berardi
John Seneca, known as Teutonicus, a German concludes that the only evident feature distinguish?
prior teaching at who devised a gloss that ing these sections isGratian's approach to thema?
Bologna
was eventually enriched and enlarged by Bartolo terial involved. Under the distinctiones, Gratian
mew of Brescia, another Bolognese intellect,whose to assume
appeared the posture of a teacher through
gloss on the Decretum achieved great recognition. which he presented and explained legal principles
Despite theDecretum3s merits of scope, selection, and rules pervasive to theCatholic church of his era.
reconciliation, and innovation, it had its defects. In the second part,
or causae, Gratian developed
One obvious shortcoming was Gratian's nearly ab? specific cases involving canonical problems, and
solute dependency upon recent collections to de? within each problem he further defined and elab?
vise a canon law system.Canonical literature had orated upon the various legal elements contained
been compiled and collected since the fourth cen? therein, the quaestio'nes. Gratian's utilization of the

tury,but Gratian appeared to have little familiarity problem-solving method in the second part satis?
with ancient sacred sources. He
placed
more con? fied casuists, who believed in resolving moral prob?
fidence in the collections
of the eleventh- and lems concerning judgments or conduct through
twelfth-century compilers. It can be argued, how? specific situations. But in the end, Berardi could not
ever, that the later collections were the most ac? justify sufficientlyGratian's separation of the three
cessible to Gratian. Ancient sacred texts were dif?
parts and favored placing together all the canonical
ficult to preserve, to care for, and, ultimately, to materials under one general heading in a logical
assemble for research. Before Gratian's work, two
sequence.
fires in Florence had consumed valuable religious Charles McCurry, another evaluator of the De?
documents and destroyed potential sources for his cretum Gratiani, perceived a logical reason for the
consideration. Many early Greek and Eastern division of the distinctiones into the firstand third
church sources were incompatible with Western parts of thework: "The third part of theDecretum,
religious principles and were unsuitable for incor? entitled De consecratione, is a lengthy treatise on the
poration into the Decretum. These circumstances sacraments, divided into five Distinctiones. Such a
did, in effect, forceGratian to rely almost exclusively theological topic is a natural complement
to the

on recent Latin collections. earthly concerns of the Church and Christian soci?
16
Another deficiency was Gratian's ety considered in the first two parts."
ignorance of
in which On the other hand, Antonio Augustm, a sixteenth
Greek, many church sources had been
written. Not until after Gratian's era did editors century bishop ofTarragona, Spain, saw only futility
in a stylistic or structural analysis of the Decretum
interject notes on Greek terminology and clarify Gratiani. In the firstvolume of his work De emen
points based on Greek texts.14 Gratian's detractors
datione Gratiani [On the amendment of Gratian's
also claimed much of the Decretum was not the
work] he wrote: "Si artem requiras & ordinem do
original work of the monk but the clever weaving
cendi, frustra laborabis" (If you try to find style
of ideas from other ecclesiastical thinkers and can? and teaching method [in Gratian's work], you will
onists in a book which Gratian attributed to him? strive in vain) .17
self entirely. A closer examination of the distinctiones and
A very serious criticism of Gratian's work con? causae does reveal a lack of order or logic in parts
cerned his arrangement of the Decretum in its
tripartite division. In an analysis of Gratian's meth?
odology vis-?-vis the Decretum, Carlo Sebastiano
Berardi, an eighteenth-century scholar of canon
A causa from the Law Library's 1482 edition of the De?
law, encountered difficulty in fathoming the ration cretum Gratiani.

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 0 vi.
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 336
of the Decretum. In the first twenty distinctiones
Gratian treats of the sources of canon law, which is
convenient and proper, but his progression from
one point to the next is at times difficult to follow.
For example, in the firstfour distinctiones Gratian
discusses the difference between natural and posi?
tive law. Upon beginning the fifthdistinction, he
states: "Let us now return to the difference
natural law and other types of law." But here he
begins, without explanation and following the casu?
istic style, to introduce examples of cases. At this
point he discusses the case of a woman who, having
recently given birth, must?as ancient law dictates
?abstain from attending church services fora deter?
mined period of time. It seems his reason for this
example is to point out that natural law is un?
to the doctrines of the Holy Fathers and the Gos?
pels, Which is a wholly erroneous interpretation of
ecclesiastical law.
The textual and organizational discrepancies of
Gratian's Decretum did not nullify its usage and
recognition. Its value was only enhanced with time.
By the sixteenth century, however, church leaders,
increasingly concerned with improving the work's
between
authenticity and reliability for canon law scholars
and practitioners, promoted a thorough review of
the document to eliminate errors. Ecclesiastical
leaders and members of the church intelligentsia
from all over Europe were summoned to Rome by
the popes to study, revise, and emend theDecretum.
The group of reformers became known as the cor
rector es Gratiani
("correctors of Gratian").

changeable, while other law transforma?

undergoes The work was entrusted to a number of cardinals and
tions with the passage of time and custom. In known as the Correctores Gratiani. The work was
prelates
Gratian's era, this ban on new mothers in church approved by Gregory XIII in the two constitutions "Cum
had already been repealed. pro munere" of 1580 and the "Emendationes Decretorum"
Gratian digresses again from his original starting of 1582. This approbation did not grant official value to
the original Decretum but subsequent editions were re?
point in dist. 6, where he asks: "Since a discussion quired to be made in accordance with the official revised
on the superfluity of nature has already been initi? text of the Correctores."
18

ated, it should be considered if, after one enters an

In all, twenty-four persons worked daily until 1580
impure state, which generally occurs during sleep,
can he receive the Body of Christ [in Holy Com? to improve the Decretum. This team of experts de?
serves individual mention.
munion], or in the case of his being a priest, can he
celebrate the sacred mystery [of theMass]." During the reign of Pius IV (1559-65) the cor?
In dist. 7-10, Gratian returns to his original prop? rectores included M. Antonio Columna and Ale?
osition. After having explored the causes and sources jandro Sforza, both of Rome; Hugo Buoncampagno
of natural and positive law, he again analyzes the of Bologna, who later rose to the papal throne as
difference between the two and even begins a dis? Gregory XIII (1572-85); Guglielmo Sirleto of Ca?
on labria; and Francesco Alciati of Milan. the
cussion the difference between church and civil During
law. Dist. 11 and 12 repeat the substance of dist. 8, reign of Pius V (1566-72), two cardinals, Guido
the creation of custom, but dist. 13 and 14 return to Ferrerio ofVercelli and Antonio Caraffa ofNaples,
natural law. In dist. 15 Gratian asserts that he has labored over the Decretum.

devoted enough treatment to custom and natural Later doctors of the church were called upon to
law and initiates another thought on ecclesiastical assist the correctores. They included Felix Montalto
law. This trend of digression and repetition is also of theOrder of Saint Francis, later to become Pope
evident in the causae. Sixtus V (1585-90); Cristoforo of Padua, general
Apart frommajor organizational imperfections in of the Brothers of Saint Augustine; Tomas Man
theDecretum Gratiani, simple errors can be spotted, rique, a Dominican and master of the Apostolic
for example, the confusion of names. Concilio Car Palace; Eustaquio Lucatello of Bologna, who later
taginense appears instead of Concilio Calcedon became a bishop; Giuseppe Panfilo of the Augustin
iense; Agustin is confused with Jeronimo; and Ana ianOrder fromVerona; Miguel Tomas "Majoricen
stasio for Atanasio. A Greek text was translated sis," who also eventually rose to a bishopric; Fran?
twice, differently each time and therefore cited as cisco Torriano, a Spaniard who became a Jesuit;
coming from two different sacred sources. Church Mariano Vittorio "Reatinus," meaning he came
doctrine was also confused and inaccurate. Accord? from the village of Rietti; Geronimo Pariseto of
ing to dist. 19, canon 7, church laws can be contrary Reggio; Antonio Cucco of Milan; and two addi

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tional Spaniards who also entered the Jesuit Or?
der, Francisco Leon and Maria.
Juan
Later editions of the Decretum
Gratian's work, the decretist
original
posed of glosses and summae, and editorial and
doctrinal commentary by the correctores and other
revisionists. Looking at the Decretum, one has to
marvel at the ingenious juxtaposing of texts, notes,
and explanations on the printed page. In the center
of the page appears Gratian's text, like a nucleus,
and around it on all four sides, often in two or three
layers,
are the annotations. Indexes,
breviation guides, and tables of contents have been
developed and added with subsequent editions.
Gratian's Decretum enjoyed prestige for nearly
eight hundred years, an extraordinary test of time.
During the eight centuries it served the church, it
was amended, updated, and supplemented. It was
not superseded, however, until 1918 when the Co?
dex iuris canonici [Code of canon law], promulgated
on May 27, 1917, by Pope Benedict XV, went into
effect for the entire Roman Catholic church. The
abundance of canonical legislation as well as the
difficulty in consulting and enforcing it led to a
necessary revision and reorganization of prevailing
materials. The
twentieth-century
337
law, it never received official ecclesiastical recogni?
tion as a law source. Although it was
published
Gratiani include officially several times, the Decretum remained a
additions com? work.
private
The Decretum Gratiani endured and was func?
tional through periods of great .transformationfrom
theMiddle Ages tomodern times. This incredible
durability and applicability may be attributed to
Gratian's vision and to the energy and devotion of
his followers who refined thework to ensure its
per?
petuity. It continually received the support, admi?
glossaries, ab? ration, and acceptance of the popes and other high
church officials.
Gratian's work not only harmonized and unified
canon lawmaterial but also
brought cohesion to the
church of theMiddle Ages, which operated in a
society fragmented by feudalism. The institution,
reflecting the problems of a secular world around
it,was rifewith conflicting beliefs and other fanati?
cism. The Decretum Gratiani, imperfect as itmay
appear to those studying it now, represented for
the church a kind of renaissance in interest in the
institution and equally significant, gave birth to a
method of legal study and activity that had never
existed before. The concept of the
legal system,
which is such an integral component of
legal tradi?
code contains

2,414 canons and is divided into five books covering tion and gives order and
meaning to themasses of
general norms, persons, things, trials and hearings, laws and regulations
existing in the world, owes its
and offenses and their punishments. beginnings to a prodigious monk who toiled in
It is important to note that despite the Decre Bologna over eight hundred years ago to bring
turn's revolutionary impact on the field of canon unity to disparate Catholic laws and legalmaterials.

NOTES

1. Catholic Pius XII, Acta

Church, apostolicae sedis, 69 powerful cardinal in the Roman Catholic church, writes
vols. (Vatican City: Typis an Italian, it is generally
Polyglottis Vaticanis, 1909-77), simply: "By nationality supposed
44:373. that he was born at Chiusi in Tuscany" Law
(Canon
2. Fernando della Rocca, Manual of Canon Law (Mil? [Philadelphia: Dolphin Press, 1934], p. 274). Carlo Se
waukee: Bruce Publishing est Gratianum
Company, 1959), p. 23. bastiano Berardi states: "Vulgaris opinio
3. ". . . il monaco Graziano . . . nato nella localit? Clusii in Etruria natum fuisse circa finem 11 saeculi, vel
rurale detta 'Carraria' . . ." . . .Gratianum . . . natum
(La Carrara) presso Orvieto principium 12. apud Florentiam
(Vincenzo del Giudice, Nozioni di diritto canonico . . ." Gratiani canones genuini ab apocryphis
[Milan: (Gratianus,
A. Giuffre Editore, 1970], p. 47). Fernando della Rocca discreti, corrupti ad emendatiorum codicum fidem exacti,
quotes Petroncelli's Lineamenti di diritto canonico
(Naples, difficiliores commoda interpretatione illustrati, ed. Carlo
1949) when he says that cities contend for the Sebastiano 3 vols. in 4 [Turin:
"many Berardi, Typographia
honor of being his birthplace, but it seems that this really 1 :xxxvi, xxxvii).
regia, 1752-57],
to Chiusi . . ."
belongs (Manual of Canon Law, p. 24). 4. See Harold J. Berman, "The Religious Foundations
Amleto Giovanni Cicognani, who later became a very of Western Law," Catholic University Law Review 24, no.

238-861 O - 77 - 4

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 338

3 (1975) : 490-50&; della Roeca, Manual of Canon Law, collection of Anselm of Lucca and section 6 (pp. 37?53)
p. 23; Paul E. L. Fournier and Gabriel Le Bras, Histoire to the collection of Cardinal Deusdedit.
des collections canoniques en Occident depuis les F?usses 8. Del Nozioni di diritto 46.
Giudice, canonico, p.
"
decretales Deer et de Gratien . . . 2 vols. (Paris: 9. Cicognani, Canon Law,
jusqu'au p. 280.
Recueil Sirey, 1931-32), Gratianus, Gratiani 10. Delia Manual
2:357; Rocca, of Canon Law, p. 25.
canones, l:xlix, 1; and Hellmut Lehmann-Haupt and 11. Cicognani, Canon Law, p. 281; see also The New
Charles McCurry, Two Essays on the Decretum of Gratian s.v.
Schaff-Herzog Encyclopedia of Religious Knowledge,
(Los Angeles: Zeitlin & Ver Brugge, 1971), p. [13]. "canon law."
5. Yves Congar, "The Historical of Au? 12. Della Rocca, Manual
Development of Canon Law, pp. 26-27.
thority in the Church," in Problems of Authority: An 13. Ibid., p. 26.
ed. John Murray Todd 14. Cicognani, Canon Law, pp. 278-79; see also Gratia
Anglo-French Symposium, (Balti?
more: Helicon nus, Gratiani 1: xxxvi.
Press, 1962) pp. 119, 139; see also Ber canones,
15. Gratianus, Gratiani canones, 1 :xxxix, xl.
man, "The Religious Foundations of Western Law," p.
16. Lehmann-Haupt and McCurry, Two Essays,
496. p. 14.
17. Antonius Augustinus (d. 1586), the learned arch?
6. Fournier and Le Bras, Histoire des collections can?
bishop of Tarragona in Spain who wrote De emendatione
oniques, pp. 14-16; see also The New En?
Schaff-Herzog Gratiani libri duo, is quoted in Gratianus,
dialogorum
cyclopedia of Religious Knowledge, s.v. "canon law." Gratiani canones, 1: xxxix.
7. In Histoire des collections Fournier and 18. Della Rocca, Manual
canoniques,
of Canon Law, p. 27; see also
Le Bras devote section 5 to an analysis of the Canon Law, pp.
(pp. 25-37) Cicognani, 285-86.

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