Distinction XI

GRATIAN. Part I. That custom yields to laws is attested by Isidore in Book II of the Synonyms [c. 16]:

Let usage yield to authority; let law and reason conquer depraved usage.

Likewise Pope Nicholas I to Emperor Michael. It follows that what is sanctioned with full authority by the rulers of this see is not to be removed through the obstructing occasion of any custom, by merely following private wills, but is to be held more firmly and unshakenly.

Likewise Pope Julius [I, to the eastern bishops, epistle I]. Do not err, my brothers; do not be led away by varied and foreign doctrines. You have the institutes of the Apostles and apostolic men and the canons; make use of these, so that, relying upon them, you may be able to stand against all the darts of enemies. For it is exceedingly unworthy for anyone among either the pontiffs or the orders following them to reject this rule, which he sees the see of blessed Peter both following and teaching. It is highly fitting that the whole body of the Church agree with itself in this observance, which has authority from the place where the Lord placed the primacy of the whole Church.

Likewise, Book VII of the Code, title II [Emperor Constantine Augustus to Proculus, Book VIII of the Code, title What Constitutes Long Custom, title 53, enactment 2]. The authority of longstanding custom and usage is not slight; nevertheless, it will not prevail by its own weight to such a degree that it overcomes either reason or written law.

Part II. GRATIAN. But when custom is shown to oppose neither the sacred canons nor human laws, it is to be observed unshakenly. Hence Augustine, or one speaking from the sayings of Basil, says:

Some ecclesiastical institutions we receive from writings, while others were confirmed by apostolic tradition through successors in ministry; still others were approved by usage strengthened by custom. To these an equal observance and the same affection of piety is owed in either case. Who, even if only slightly experienced in the sacred Scriptures, would hesitate concerning this? For if we attend to the customs of the Church handed down by the fathers apart from the Scriptures and reckon them as nothing, it will plainly be evident how much loss religion will suffer through those who contemptuously disregard them. §1. For, to begin from there, what Scripture taught the faithful to be marked with the sign of the saving cross? Or what written form commended the words of the lengthy prayer or consecration, divided threefold over the bread and cup? For we say in secret not only what is contained in the Gospel or inserted by the Apostle, but we also add many other things that commend, as it were, a great force to the mysteries. What form of writing taught us to pray facing east? We bless the baptismal font and the oil of anointing. To this is added that we anoint those whom we baptize three times with oil and instruct them with words to renounce Satan and his angels. Whence are these and not a few other things of this kind, unless by a silent and mystical tradition from the fathers, observed in the ministries according to ecclesiastical custom and with more reverent diligence, published more by silence than by writing?

The same, to the priest Casulanus. We praise a custom that is nevertheless known to usurp nothing contrary to the Catholic faith.

Likewise, to the same [blessed Augustine to Casulanus, epistle LXXXVI]. In those matters concerning which divine Scripture has established nothing certain, the custom of the people of God and the institutions of the elders are to be held as law. And just as transgressors of divine laws, so also contemners of ecclesiastical customs are to be restrained.

The same, in the book On the Christian Faith. The Catholic Church, spread throughout the world, is shown to exist in three ways. Whatever is held in it is either the authority of the Scriptures, a universal tradition, or certainly a proper and particular instruction. But the whole Church is bound by authority, and no less the whole by the universal tradition of the elders; by private enactments and proper instructions, however, each church subsists and is governed according to the diversity of places, as has seemed good to each.

The same, in the book against the Manichaeans. It is plain that in a doubtful matter the authority of the Catholic Church avails for faith, which is confirmed from the best-founded sees of the Apostles down to the present day by the succession of bishops succeeding one another and by the agreement of so many peoples.

Likewise Leo [pope, to the bishops established throughout Sicily, epistle IV, c. 6]. We enjoin this upon your charity: that henceforth you depart from apostolic institutions by no transgression, because after this it cannot go unpunished if anyone believes that apostolic rules are to be neglected in any respect.

Likewise Innocent to Bishop Decentius [likewise Innocent I to Decentius, bishop of Gubbio, epistle I]. Who does not know or notice that what was handed down to the Roman Church by Peter, prince of the Apostles, and is guarded until now, ought to be observed by all, and that nothing should be added or introduced that ought to receive authority or an example from elsewhere? Especially since it is manifest that throughout all Italy, the Gauls, the Spains, Africa, Sicily, and the intervening islands, no one established churches except those whom the venerable Apostle Peter or his successors constituted priests. Let them read, however, whether another apostle is found or is read to have taught in these provinces. But if they do not read it, because they find it nowhere, they ought to follow what the Roman Church observes, from which it is not doubtful that they received their beginning, lest while they devote themselves to foreign teachings they appear to lose the head of their institutions. §1. It is not doubtful that your belovedness has often come to the City and met with us in the church, and has learned what custom it maintains either in consecrating the mysteries or in performing other sacred rites. I would judge this sufficient for the instruction or reformation of your church, if your predecessors maintained anything deficient or otherwise, and I would hold it entirely certain, had you not judged that we should be consulted concerning some matters. We therefore answer these things not because we believe that you are ignorant, but so that with greater authority you may either instruct your own people, or, if any depart from the institutions of the Roman Church, admonish them, or not delay to report them, so that we may be able to know who they are who either introduce novelties or think that the custom of a church other than the Roman Church is to be observed.