A new history of ecclesiastical writers containing an account of the authors of the several books of the Old and New Testament, of the lives and writings of the primitive fathers, an abridgement and catalogue of their works ... also a compendious history of the councils, with chronological tables of the whole / written in French by Lewis Ellies du Pin.

CHAP. XVII. (Book 17)

Of Gratian's Collection of Canons.

ALthough many Collections of Canons, Decretals, and Passages of the Fathers, relating to the Canon-Law, were compil'd before the Twelfth Century; yet none of them was generally follow'd, or publickly taught: They were looked upon as the Work of private Per∣sons, and the Decisions contain'd in them had no greater Authority than the Monuments out of which they were taken; whilst every one apply'd them to his particular Benefit, but none made them the subject of publick Lectures. The Collection which GRATIAN a Monk of St. Fe∣lix * 1.1 at Bononia, and a Native of Chiusi in Toscany, compleated in the Year 1151. met with much better Success; for as soon as it appear'd, it was so favourably receiv'd, that the Canonists taught it publickly, and in a little time, a great number of Commentaries were written on that Work.

In the Ancient Manuscripts, and in the First Editions, it bears this Title, viz. The Concord of disagreeing Canons, and afterwards was call'd, The Book of Decrees, or simply, The Decrees. It is divided into Three Parts, the First of which contains Matters relating to the Law in general, and the Ministers of the Church, under the Name of Distinctions; the Second, divers particular Cases, upon occasion of which are debated many Questions that are call'd, The Causes; and the Third, entituled, Of the Consecration, such Matters as relate to the Divine Offices, and the Sacra∣ments.

In the First twenty Distinctions of the First Part, he treats of the Division of the Law; of the different sorts of Laws, as well Civil as Ecclesiastical; of the Authority of the Canons, of the Councils, and of the Decretals of the Popes; of the sacred Orders; of the Qualities of Per∣sons who ought to be ordain'd; of the Form and Ceremonies of Ordination; of the Functions and Conduct of Clergy-men; of the Power of the Pope, and of the Bishops; of the use of the Pall, and of every Thing that relates to the Ministers of the Church. This Part is divided into 101 Distinctions.

In the Second, containing Thirty six Causes, every one of which comprehends divers Questions, every Question being likewise divided into several Chapters; the Author treats of Simony; of Ap∣peals; of Incumbents depriv'd of their Benefices; of the Quality of Witnesses and Accusers; of Elections; of the Government of Churches; of Ecclesiastical Censures; of last Wills and Testa∣ments; of Burials; of Usury; of what ought to be observ'd with respect to * 1.2 outragious or distracted Persons; of Sentences passed contrary to the due Forms of Law; of Monks and Abbots, and their Rights; of those who assault Clergy-men; of Commendams; of Oaths; of War; of Heresies; of Infractions of the Canons; of Sorcerers; of Marriage, and its Impediments; of the Degrees of Consanguinity; and of Rapes. In the Thirty second Cause, he has inserted a Dis∣sertation concerning Repentance, in Seven Sections; in which he follows the Error of some Wri∣ters of Penitentials, who do not believe Confession to be of Divine Right, or absolutely necessary for the remission of Sins.

The Third Part contains Five Distinctions, or Sections; viz. the First, concerning the Consecration of Churches, the Celebration of Mass, and the Divine Service: the Second, concerning the Eu∣charist; the Third, about the solemn Festivals of the Year, and the use of Images; the Fourth, about the Sacrament of Baptism, and its Ceremonies; and the Fifth, concerning Confirmation, Fasts, manual Labour, and some other Points of Discipline. Some Articles have been since added from time to time, under the Title of Palea; which is suppos'd to be the Name of the Author of these Additions, which were call'd Protopalea, or Palea.

The First Edition of this Work was printed at Mentz, A. D, 1472. and the Second at Venice, Four Years after: The Third is that of Paris in 1508. which is the First that bears the Name of Gratian; whose Text is to be found in these Editions after the same manner that it was written by him; that is to say, full of false or erroneous Quotations: For Gratian has not only cited in his Collection, the false Decretals of the Popes, and other supposititious Works, but is also often mi∣staken in quoting one Author, or one Council for another, or in relating Passages otherwise than

they are in the Original; upon which account it was judged Expedient to correct the Faults of this Author. Antony de Mouchy, and Antony Contius, were the first that undertook to do it in France, in the preceeding Age, and the whole Work was printed with their Notes at Antwerp in 1570. and 1573. At the same time the Pope's having consider'd the Importance of this Under∣taking caus'd several Persons to be employ'd in it, in order to publish a new Edition of Gratian's Decretal, corrected, and at least clear'd of the principal Errors: They began to set about the Work under the Popedom of Pius IV. and carry'd it on under his Successor Pius V. but did not compleat it till the time of Gregory XIII. They apply'd themselves more especially, 1. To cor∣rect the Errors that had crept into the Text of Gratian, through the Negligence of the Transcri∣bers or Printers, by revising it exactly according to the Ancient Manuscripts. 2. By substituting the Name of the true Author of the Passages cited by Gratian, in the room of that which he had set down, when it was evident that he was mistaken. 3. By observing the differenees between the genuine Text and that which is quoted by Gratian, and even correcting it in the Text of Gra∣tian in those Places, where he only Copies out their Words.

When this Work was compleated, it appear'd at Rome in 1580, with the Approbation of Pope Gregory XIII. who prohibited it to be published after another manner. Whereupon it was soon printed according to the Copy of the Roman Edition in many Places; viz. at Venice in 1584. at Paris in 1585. at Francfurt in 1586 and 1590. and at Lyons in 1591. and a great number of Edi∣tions of it have been since set forth. Whilst the Roman Edition was preparing for the Press, the Famous Antonius Augustinus, Archbishop of Taragona, compos'd certain Dialogues concerning the Correction of Gratian, and afterwards made Additions to the same Edition, when he had pro∣cur'd a Copy of it. This Piece was printed at Taragona A. D. 1587. the next Year after his Death, and some time after at Paris, but it was published with much more accuracy by M. Balu∣zius in 1682. Antonius Augustinus discovers a vast number of Faults, Over-sights, and Errors in Gratian's Decretal, and makes many curious and very useful Remarks; to which may be added those of M. Bulusius, which are no less judicious. But whatsoever Correction of this Work has been already, or can be made for the future, it is difficult, or rather impossible, to bring it to that per∣fection which is requisite for a general Collection of the Canons and Ecclesiastical Constitutions, that is to serve as it were a perpetual Standard.

However Gratian's Collection was generally receiv'd and taught in the Schools as soon as it appear'd, but within a little while after, were added to it certain new Decretals of the Popes, par∣ticularly of Alexander III. of which were made Collections like those that are found in the end of the Third General Council of Lateran, and these were likewise explain'd publickly. It is against this new Body of Law, which began to be in vogue, that Stephen de Tournay declames, in his 251 Letter, of which we have already related the Passage, to which we desire the Reader to have recourse upon this Occasion, because it may serve as a Conclusion to what we have said in this, and in the preceding Chapters.

Notes

• * 1.1

  Gratian.
• * 1.2

  Furieux.