harass them he shall be punished at the discretion of the Judge.
We also command that their salaries and fees be paid, so that
they may more readily instruct many in liberal studies and the
above mentioned Arts.
Proclaimed on the fifth day before the Kalends of October (Sept.
27) at Constantinople, in the Consulship of Dalmatius and
Zenophilas.[30]
(c) _Canon Law_
About 1142 (the year of Abelard's death) Gratian, a monk of Bologna,
doubtless influenced by the school of Roman Law in that city, made a
compilation of the Canon Law, which included the canons or rules
governing the Church in its manifold activities,--"its relations with
the secular power, its own internal administration, or the conduct of
its members." Hitherto Canon Law had been regarded as merely a
subdivision of Theology, just as Roman Law had been considered a branch
of Rhetoric. It now became an independent subject,--further addition to
the body of higher studies. As an influence upon the development of
universities it was not less important than the _Corpus Juris Civilis_.
The compilation made by Gratian was added to in later generations, and
the whole body of church law was known in the fifteenth century as the
_Corpus Juris Canonici_ (Body of Canon Law). Its main divisions are:
1. The Decree of Gratian _(Decretum Gratiani)_ in three parts,
published c. 1142. Part I contains one hundred and one
distinctions (_distinctiones_) or divisions, which treat of
matters relating to ecclesiastical persons and offices. Dist.
XXXVII is translated below. Part II contains thirty-six cases
(_causae_) each of which is divided into questions
(_quaestiones_). These questions deal with problems which may
arise in the administration of the canon law. Part III contains
five distinctions which deal with the ritual and the sacraments
of the church. Under each distinction, or question, are arranged
the canons--the views of ecclesiastical authorities--on the
matter under discussion.
2. The Decretals (_Decretales_), in five books, published by Pope
Gregory IX in 1234.
3. The Sixth Book (_Liber Sextus_), a supplement to the Decretals
by Pope Boniface VIII, 1298.
4. The Constitutions of Clementine (_Constitutiones
Clementinae_), 1317.
5. Several collections of papal laws not included in those above,
known by the general title
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