Gratian, Concordia discordantium canonum

Gratian was a teacher of canon law in Bologna around 1140. He compiled his own textbook which he called Concordia discordantium canonum ("Harmony from Discordant Canons"). The work became know as the Decretum for short, thus signaling his intention to reconcile systematically contradictory statements of ecclesiastical law.

An old, idealized image of Gratian. It was scanned from the 1946 issue of the journal Appollinaris, where its source was not given.

Gratian's Decretum

The Decretum was produced in a two-stage process, with Gratian himself finishing a first recension at some point probably soon after 1139, before being made Bishop of Chiusi in Tuscany, where he appears to have died on 10 August, c. 1145. This first recension contained 1860 canons which Gratian discussed in almost 1000 discursive comments (“dicta”) of varying length. He began by discussing the characteristics of law and then clerical office and life in a long treatise as yet without subdivisions. He divided the rest of the Decretum into 36 causae (“cases”), each of which describes an imagined situation from which Gratian derived and discussed up to eleven legal questions. The first causa is devoted to simony, the sin of selling ecclesiastical office. Causae 2-8 concern legal procedure, while later causae treat ecclesiastical property and tithes, monastic law, oaths, just war, and heresy. The last quarter of his work, causae 27-36 makes up a substantial treatise on marriage law, into which Gratian inserted, as causa 33, quaestio 3, a long and innovative treatise on penance.

We might imagine that Gratian left teaching abruptly, never finishing and polishing his collection. His successors thought the work was incomplete, so they added some 2000 further chapters to it, drawn mainly from the same sources as Gratian had used for the first recension. Their additions are distributed across the entire Decretum and include rather few dicta, often making the second recension appear a less tightly argued work than the first. Somewhat later, they added the third part of the Decretum, known as de consecratione, a collection of canons (but no dicta) concerning such sacramental law (baptism, confirmation, consecration of church buildings and objects) as Gratian had not treated in the first recension.

The text of the Decretum was subject to even more editorial work over several decades after the completion of the second recension. Some two hundred chapters were added, often drawing on Burchard's Decretum, which had not been used for either the first or the second recension. These additions are called paleae (chaff, in distinction from the grain of the rest of the work). In some cases editorial work cancelled canons that were duplicated or otherwise less desirable. The cancelled canons are, confusingly, also called paleae, although some scholars refer to them as duplicates instead.

Gratian in the Clavis canonum Database

Gratian's Decretum (GR) was added to the database in 2021. It is based on Friedberg's edition. Hopefully, a modern edition of the first recension will be included in the future.

Earlier Editions

• Gratian's work was first printed by Heinrich Eggestein of Strasbourg in 1471 (Copy of Bodleian Library, Oxford, vol. 1 and 2, available online).
• The official Roman edition of 1582 is available from UCLA, with a useful clickable table of contents.
• The most recent complete edition of Gratian's text is the one that Emil Friedberg published 1879 in Leipzig. The version from Munich is usefully equipped with a table of contents, page images, and text.
• The working edition of the first recension, produced by Anders Winroth, is available online.

Several scholars have in recent decades published new editions of sections of the Decretum:

• Titus Lenherr, Die Exkommunikations- und Depositionsgewalt der Häretiker bei Gratian und den Dekretisten bis zur Glossa ordinaria des Johannes Teutonicus, Münchener theologische Studien, III. Kanonistische Abteilund 42 (St. Ottilien: Eos, 1987), 18-56. C.24 q.1.
• Regula Gujer, Concordia discordantium codicum manuscriptorum? Die Textentwicklung von 18 Handschriften anhand der D.16 des Decretum Gratiani, Forschungen zur kirchlichen Rechtsgeschichte und zum Kirchenrecht 23 (Cologne, Weimar, Vienna: Böhlau, 2004), 392-415. D.16.
• Enrique De León, La "cognatio spiritualis" según Graciano, Pontificio Ataneo della Santa Croce: Monografie giuridiche 11 (Rome, Giuffré, 1996), 138-168. C.30, qq.1, 3, and 4.
• Atria Larson, Gratian's Tractatus de penitentia: A New Latin Edition with English Translation, Studies in Medieval and Early Modern Canon Law 14 (Washington, D.C.: Catholic University of America Press, 2016), 2-279. C.33 q.3 De penitentia. Includes an English translation.
• Jean Werckmeister, Décret de Gratien, causes 27 à 36: Le mariage; Édition, traduction, introduction et notes, Source canoniques 3 (Paris: Cerf, 2011), 78-699. C.27-C.36, except de penitentia (C.33 q.3). Includes a French translation.

Literature

Rudolf Weigand, Die Glossen zum Dekret Gratians: Studien zu den frühen Glossen und Glossenkompositionen, Studia Gratiana 25-26 (Rome, 1991).

Jörgen Büchner, Paleae

Anders Winroth, The Making of Gratian's Decretum (Cambridge: Cambridge University Press, 2000).

Atria Larson, Master of Penance: Gratian and the Development of Penitential Thought and Law in the Twelfth Century, Studies in Medieval and Early Modern Canon Law 11 (Washington, D.C.: Catholic University of America Press, 2014).

John Wei, Gratian the Theologian, Studies in Medieval and Early Modern Canon Law 13 (Washington, D.C.: Catholic University of America Press, 2016).

Categories

• Clavis entries based on modern edition
• New Collection
• from Bologna
• saec XII
  • terminus post quem 1000
  • terminus ante quem 1020