The , also known as the or or simply as the , 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 . It was used as the main source of law by canonists of the Roman Catholic Church until the Decretals, promulgated by Pope Gregory IX in 1234, obtained legal force, after which it was the cornerstone of the , in force until 1917.
Overview
In the first half of the 12th century Gratian, clusinus episcopus, probably a jurist of the ecclesiastical forum and a teacher, at the monastery of Saints Nabor and Felix (according to the Bolognese Odofredus Denariis [13th century]) and starting from the 18th century believed to have been a Camaldolese monk, composed the work he called , and others titled , or the more commonly accepted name, , a living text, characterized by multiple editorial stages. He did this to obviate the difficulties which beset the study and the forensic application of practical, external theology (), i.e., the study and the forensic use of canon law. In spite of its great reputation and wide diffusion, the has never been recognized by the Church as an official collection.
The so-called or vulgate version (an advanced editorial stage) of the is divided into three parts (, , ).
The first part is divided into 101 distinctions (), the first 20 of which form an introduction to the general principles of canon law (); the remainder constitutes a , relative to ecclesiastical persons and function. The second part contains 36 causes (), divided into questions (), and treat of ecclesiastical administration, procedural issues and marriage. 3 of 33 on penance () is treated separately and subdivided into 7 distinctions. The third part deals with sacramental and liturgical law and contains 5 distinctions.
Each distinction or question contains , or maxims of Gratian, and . Gratian himself raises questions and brings forward difficulties, which he answers by quoting , i. e. canons of councils, decretals of the popes, texts of the Scripture or of the Fathers. These are the ; the entire remaining portion, even the summaries of the canons and the chronological indications, are called the maxims or .
Many have been inserted in the by authors of a later date. These are the , so called from Paucapalea, the name of the principal commentator on the . The Roman revisers of the 16th century (1566–1582) corrected the text of the "Decree" and added many critical notes designated by the words .
Citing the
The is cited by referring to the larger units of the distinction or the cause and question, and then the specific canon or dictum. For clarity, the distinctions of 33, 3 of the second part are referred to as (or ), while the distinctions of the third part are referred to as (or ). The Part is usually not included, as the citation form is different for each.
Citation styles for the have changed over time and can generally be categorised under the modern, obsolescent, and obsolete forms.
Modern form
This form, common since the twentieth century, cites all units in Arabic numerals, from largest unit to smallest unit.
Distinctions are referenced by an uppercase "D.", Causes by an uppercase "C.", questions by a lowercase "q.", and canons by a lowercase "c.". Gratian's are referred to with a lowercase "d. a. c." (, for commentary preceding the canon) or "d. p. c." (, for commentary following the canon).
Examples:
[Part I] D. 23 c.7
[Part II] C. 15 q. 2 c. 4
[Part II] C. 23 q. 8 d. p. c. 25
[Part II, ] D. 3 de pen. c. 24
[Part III] D. 2 de cons. c. 82
Obsolescent form
Commonly used between the seventeenth and early twentieth centuries, this form generally begins with a reference to the smallest unit in Arabic numerals, followed by the Distinction or Cause in Roman numerals and (if required) the question in Arabic numerals, e.g. "c. 5, C.3 q.1".
Obsolete form
This is the form used by medieval and early modern writers, falling out of use after the eighteenth century. Major divisions () were cited with (usually Roman) numerals. Since the numbering of the 's capitula only became standard in the sixteenth century, canons were cited by their opening word(s). Two or more canons beginning with the same word/phrase might be distinguished with numbers, e.g. .
Examples (using the same references as above):
Early commentators might also refer to the first few canons by number (e.g. for the third canon of a distinction), or to the last few canons as (, that is, third to last), (or or , second to last), and () or (last).