FREE BOOKS

Author's List




PREV.   NEXT  
|<   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298  
299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   >>   >|  
e the main part into seven _distinctiones_, containing each several _canones_. The third part, which is entitled _De Consecratione_, gives, in five _distinctiones_, the law bearing on church ritual and the sacraments. The following is the method of citation. A reference to the first part indicates the initial words or number of the _canon_ and the number of the _distinctio_, e.g. can. Propter ecclesiasticas, dist. xviii. or c. 15, d. xviii. The second part is cited by the _canon, causa_ and _quaestio_, e.g. can. Si quis suadente, C. 17, qu. 4, or c. 29, C. xvii., qu. 4. The treatise _De Poenitentia_, forming the 3rd _quaestio_ of the 33rd _causa_ of the second part, is referred to as if it were a separate work, e.g. c. Principium, D. ii. de poenit. or c. 45, D. ii. de poenit. In quoting a passage from the third part the _canon_ and _distinctio_ are given, e.g. c. Missar. solenn. D.I. de consecrat., or c. 12, D.I. de consecr. Authority. Considered from the point of view of official authority, the _Decretum_ occupies an intermediate position very difficult to define. It is not and cannot be a really official code, in which every text has the force of a law. It has never been recognized as such, and the pretended endorsement of it by Pope Eugenius III. is entirely apocryphal. Moreover, it could not have become an official code; it would be impossible to transform into so many laws either the discordant texts which Gratian endeavoured to reconcile or his own _Dicta_; a treatise on canon Law is not a code. Further, there was as yet no idea of demanding an official compilation. The _Decretum_ has thus remained a work of private authority, and the texts embodied in it have only that legal value which they possess in themselves. On the other hand, the _Decretum_ actually enjoys a certain public authority which is unique; for centuries it has been the text on which has been founded the instruction in canon law in all the universities; it has been glossed and commented on by the most illustrious canonists; it has become, without being a body of laws, the first part of the _Corpus juris canonici_, and as such it has been cited, corrected and edited by the popes. It has thus, by usage, obtained an authority perfectly recognized and accepted by the Church.[25] After Gratian. Gratian's collection, for the very reason that it had for its aim the creation of a systematic canon law, was a work of a transitional charact
PREV.   NEXT  
|<   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298  
299   300   301   302   303   304   305   306   307   308   309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   >>   >|  



Top keywords:

official

 

authority

 
Gratian
 

Decretum

 
treatise
 

distinctiones

 

poenit

 
quaestio
 

distinctio

 

recognized


number

 

embodied

 

private

 
endeavoured
 

reconcile

 

compilation

 
discordant
 

Further

 

demanding

 

remained


instruction
 

obtained

 
perfectly
 
accepted
 

Church

 
canonici
 

corrected

 

edited

 

creation

 

systematic


transitional

 

charact

 

collection

 
reason
 

Corpus

 

public

 

unique

 

centuries

 

enjoys

 

founded


transform

 

illustrious

 
canonists
 

commented

 

universities

 

glossed

 

possess

 

intermediate

 

ecclesiasticas

 
initial