The treatise on laws : (Decretum DD. 1-20) / Gratian ; translated by Augustine Thompson ; with the Ordinary gloss, translated by James Gordley, and an introduction by Katherine Christensen.

Author
Gratian, active 12th century [Browse]
Uniform title
Format
Book
Language
English
Published/​Created
  • Washington, D.C. : Catholic University of America Press, [1993]
  • ©1993
Description
1 online resource (xxvii, 131 pages)

Details

Subject(s)
Series
Summary note
Annotation The first twenty distinctions, translated here, comprise a treatise on law in general and contain a discussion of the nature of law, voluntary action, and the power of popes, bishops, and secular authorities. Accompanying the translation of the distinctions is a translation of the so-called ordinary gloss, a commentary on the distinctions that took its final form in the thirteenth century and was usually found around the margin texts of the 'Decretum.'
Bibliographic references
Includes bibliographical references (pages 124-131).
Source of description
Print version record.
Contents
  • The Treatise on Laws. DD. 1-2. What law, ordinance, and the species of law are. D. 3. What a canon, a privilege, and the purpose of ordinances are. D. 4. Why laws are made, what qualities they should possess, and when judgments are to be passed on them and when according to them. D. 5. Concerning pregnant and menstruating women, and that they may always enter a church unless something else prevents this. D. 6. That pollution due to excrescence or illness should not be feared: nevertheless, although pollution caused by overeating does not prevent required participation in the Sacred Mysteries, that resulting from impure thoughts requires one to abstain. D. 7. On the makers of ordinances. D. 8. That custom yields to truth and reason. D. 9. When imperial ordinances should be tempered; and that the canons do not contain falsehoods, although certain passages in the writings of theologians need to be corrected.
  • D. 10. That royal tribunals are subject to the sacerdotal power, and that pontiffs and kings need each other. D. 11. That custom should conform to ordinance and reason, and that custom should be observed. D. 12. On the custom and usage of the Roman Church, that the same method of psalmody should be used everywhere, and that a monastic custom should not be taken as an ecclesiastical norm. D. 13. That the lesser of two evils should be chosen. D. 14. That we should not do a lesser evil to prevent others from committing a greater one, and which enactments may be relaxed. D. 15. When general councils began, and which writings of the fathers are received. D. 16. That conciliar acts are confirmed by Roman authority. D. 17. That synods are not to be convoked without the authority of the Roman pontiff. D. 18. On the punishment of those who neglect to attend a synod, and on the authority of the Roman See.
  • D. 19. That decretal letters are equivalent to canons, and that writers such as Augustine and others, although preferred in the interpretation of Scripture, are inferior to the canons for determining cases. D. 20. On the decrees of the Roman pontiffs, and that the sacred canons govern ecclesiastical affairs
  • Notes to the Decretum
  • Notes to the Gloss
  • Jurists in the Gloss.
ISBN
  • 9780813220543 ((electronic bk.))
  • 0813220548 ((electronic bk.))
  • 9780813210421
  • 0813210429
OCLC
861793434
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