distinction — Decretum of Gratian

Distinction X

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¶.

GRATIAN. The enactments of princes do not take precedence over ecclesiastical enactments, but are subordinate to them. Hence Pope Nicholas writes to the bishops gathered at the council at Convicinum:

Friedberg, col. 19/20

1.

C. I. The law of emperors cannot dissolve ecclesiastical laws.

The law of emperors is not to be used in all ecclesiastical controversies, especially since it is found sometimes to oppose evangelical and canonical sanction. The same: The law of emperors is not above God’s law, but beneath it. Ecclesiastical laws cannot be dissolved by an imperial judgment. §1. To demonstrate this, the testimonies of these two, namely Innocent and Gregory, are quite sufficient. Saint Innocent indeed says in his decretal epistle to Alexander, bishop of Antioch: “As to what you ask,” he says, “whether, when provinces have been divided by an imperial judgment so that two metropolitan sees are created, two metropolitans ought to be named: it did not seem good to us for the Church of God to be changed according to the mutability of worldly necessities, or to suffer honors or divisions that the emperor has seen fit to make for his own purposes.” Blessed Gregory, writing to the patrician Theoctista, says among other things: “If it is said that the bonds of marriage ought to be dissolved for the sake of religion, it must be known that although human law has permitted this, divine law has nevertheless prohibited it.” Behold how ecclesiastical laws cannot be dissolved by an imperial judgment. Behold how divine law prohibited what human law permitted. §2. We do not say that the laws of emperors—laws which the Church often uses against heretics and by which she is often defended against tyrants and all the depraved—are to be utterly rejected; rather, we assert that they cannot inflict prejudice upon evangelical, apostolic, and canonical decrees, after which they are to be placed.

Friedberg, col. 19/20

2.

C. II. It is lawful for an emperor to do nothing that opposes the rules of the Gospel.

Likewise Symmachus [pope], in the sixth synod [the Roman synod in the time of King Theodoric]. It is not lawful for an emperor, or for anyone guarding piety, to presume anything against the divine commandments, nor to do anything that opposes the evangelical, prophetic, or apostolic rules.

Friedberg, col. 19/20

3.

C. III. In ecclesiastical causes the royal will is not to be preferred to priests.

Likewise Pope Felix [III]. It is certain that this is salutary for your affairs: when matters of God are at issue, according to his own ordinance, you should strive to subject the royal will to Christ’s priests, not prefer it; to learn sacred things through their prelates rather than teach them; to follow the form of the Church, not humanly to prescribe laws for it to follow, nor to wish to dominate its sanctions—the Church to whose clemency God willed the neck of your pious devotion to be submitted—lest, while the measure of the heavenly dispensation is exceeded, one proceed to the insult of him who orders it.

Friedberg, col. 19/20

4.

C. IV. Enactments cannot be contrary to the customs and decrees of the Roman Pontiffs.

Likewise. Enactments contrary to the canons and decrees of the Roman prelates, or to good customs, are of no force.

Friedberg, col. 19/20

5.

C. V. Kings are not permitted to usurp those things that belong to priests.

Likewise Pope Nicholas [I, in the epistle to Emperor Michael whose beginning is We had proposed]. Your empire ought to be content with its daily administrations of the commonwealth and not to usurp those things that pertain only to the Lord’s priests.

Friedberg, col. 19/20

6.

C. VI. The tribunals of kings are subject to priestly power.

Likewise Gregory Nazianzen to the emperors at Constantinople [in the oration to the citizens of Nazianzus, full of anguish, and to the angry magistrate]. Do you accept freedom of speech? Do you willingly accept that the law of Christ subjects you to priestly power and places you beneath these tribunals? For he gave power also to us; he gave a principate far more perfect than your principates. Or does it seem just to you if spirit yields to flesh, if heavenly things are overcome by earthly things, if human things are preferred to divine?

Part II. GRATIAN. Behold that enactments of princes are to be placed after ecclesiastical laws. But where they do not oppose evangelical and canonical decrees, they are to be held worthy of every reverence. Hence Augustine says in the dialogue against Petilian [that is, Book II Against the Letters of Petilian, c. 58]:

Friedberg, col. 19/20

7.

C. VII. It is lawful to employ the laws of emperors in aid of the Church.

If you think that the laws of the earthly empire are to be employed in your aid, we do not reprove it. Paul did this when, against those treating him unjustly, he testified that he was a Roman citizen.

Friedberg, col. 21/22

8.

C. VIII. Kings need pontiffs for eternal life, and pontiffs need kings for temporal matters.

Likewise Cyprian to Julian [Pope Nicholas I, in epistle VII to Emperor Michael]. Since the one mediator of God and men is the man Jesus Christ, he distinguished the proper offices of both powers by their own acts and distinct dignities, wishing them to be raised upward by medicinal humility, not to be plunged back into the lower regions by human pride: so that Christian emperors should need pontiffs for eternal life, and pontiffs should use imperial laws only for the course of temporal affairs, in order that spiritual action might remain apart from carnal incursions, and that “one serving as God’s soldier should by no means involve himself in secular affairs”; and, conversely, that he who was involved in secular affairs should not seem to preside over divine matters.

Friedberg, col. 21/22

9.

C. IX. The laws of emperors ought to be observed.

Likewise Leo IV to Lothair Augustus. Concerning the chapters or imperial precepts of you and of your pontifical predecessors that are to be inviolably guarded and preserved, we profess that, as far as we have been and are able, with Christ’s favor we shall preserve them in every way both now and forever. And if perhaps anyone has told or will tell you otherwise, know with certainty that he is a liar.

Friedberg, col. 21/22

10.

C. X. What is done contrary to law is dissolved by the authority of law.

Likewise John VIII to Emperor Louis. You see, dearest son, that what is received contrary to the laws deserves to be dissolved through the laws.

Friedberg, col. 21/22

11.

C. XI. It is not fitting for the laws of princes and the rules of the fathers to be despised.

Likewise Gelasius to Bishops Rufinus and Aprilis. Who would say that the laws of princes, or the rules of the fathers, or paternal admonitions ought to be despised, except one who thinks that only his own offense will pass unpunished?

Friedberg, col. 21/22

12.

C. XII. The laws of the Roman princes are to be observed by all.

Likewise to King Theodoric. It is certain that your magnificence wills the laws of the Roman princes, which it has commanded to be observed in human affairs, to be observed much more concerning reverence for blessed Peter the Apostle, for the increase of its own felicity.

Friedberg, col. 21/22

13.

C. XIII. Roman law ought not to be corrupted by anyone’s temerity.

Likewise Leo IV to Lothair Augustus. We implore your clemency that, just as until now Roman law has flourished without any storms and is remembered to have been corrupted for the sake of no human person, so now it may retain its proper strength and vigor.

Friedberg, col. 21/22