Distinction XII

GRATIAN. Part I. That it is lawful for no one to act without the discernment of justice. Hence Pope Callistus [I] to all bishops [says in Epistle I to Bishop Benedict]:

It is not fitting that the members dissent from the head, but, according to the testimony of Scripture, let all the members follow the head. It is doubtful to no one that the apostolic Church is the mother of all churches, from whose rules it is in no way fitting for you to deviate. And just as a son comes to do the will of his father, so also fulfill the will of your mother, which is the Church, whose head, as was said before, is the Roman Church. Therefore, whatever has been done without the discernment of justice against its discipline, no reason permits to be held ratified.

Likewise Gregory [Pope IV]. Let stubborn pride not resist apostolic precepts, but through obedience let those things that have been commanded by the holy Roman and apostolic authority be savingly fulfilled, if you desire to have communion with that same holy Church of God, which is your head. §1. By the present command we prescribe nothing new, but confirm those things that appear to have been granted long ago, since it is doubtful to no one that not only a pontifical case but every matter of holy religion ought to be referred to the apostolic see as to the head of the churches, and ought to take its norm from the place from which it took its beginning, lest the head of the institution appear to be omitted. Let all priests who do not wish to be torn from the solidity of the apostolic rock upon which Christ founded the universal Church hold the sanction of this authority. If anyone has not observed these precepts of the apostolic see, let there be no doubt that he is an enemy of the honor he has received.

Likewise Nicholas to Emperor Michael [Leo IX to Michael, bishop of Constantinople, epistle I, c. 29, and Nicholas I, epistle II to Photius]. The holy Roman Church knows that diverse customs according to place and time in no way harm the salvation of believers, if canonical authority does not oppose them, on account of which we ought to oppose those customs; hence we judge that one neither ought nor is able to resist them.

Likewise Jerome to Lucinus [epistle XXVIII]. I think you should briefly be admonished that ecclesiastical traditions, especially those that do not injure the faith, are to be observed as they were handed down by the elders, and that the custom of some is not to be overturned by the contrary custom of others.

Likewise Nicholas to Bishop Hincmar. It is ridiculous and a sufficiently abominable disgrace that we should suffer the traditions that we received from the fathers in antiquity to be broken.

Likewise Justinian, Book I of the Constitutions, title I [Institutes, Book I, title 2, On Natural Law, §9]. Longstanding customs, unless they are opposed to law, being approved by the consent of those who use them, imitate law.

Likewise Book VIII of the Code, c. 52, title 2 [title 53, What Constitutes Long Custom, law 1]. Preceding custom and the reason that commended the custom are to be maintained. And the governor of the province shall recall to his own solicitude whatever is done against longstanding custom.

Likewise Gregory to all the bishops of Numidia [Book I, epistle LXXV]. We permit a custom that is known to usurp nothing contrary to the Catholic faith to remain unmoved, whether concerning the constituting of primates or concerning the other chapters, excepting those who pass from the Donatists to the episcopate. We prohibit in every way their promotion to the dignity of primate, even when their order carries them to the same place. Let it suffice for them to conduct the care of the people committed to them, but not to precede, in obtaining the summit of the primacy, those bishops whom the Catholic faith both instructed and begot in the bosom of the Church.

Likewise Gregory [to Maximus, bishop of Salona, Book VII of the Register, epistle 81]. Just as we do not allow unlawful things to be perpetrated there, so we do not deny the things that belong to custom.

Likewise to Augustine, bishop of the English [response to question 3]. Your fraternity knows the custom of the Roman Church, in which it remembers that it was nourished. But it pleases me that, whether in the Roman Church, or in that of the Gauls, or in any church, you have found something that can please almighty God more, you carefully choose it and, by a principal institution, infuse into the Church of the English, which is still new in the faith, those things that you have been able to gather from many churches. For things are not to be loved for the sake of places, but places for the sake of things. Therefore, choose from each several church the things that are pious, religious, and right, and, having gathered these as though into a bundle, establish them as a custom among the minds of the English.

Likewise Augustine to Januarius [epistle CXVIII, cc. 1–2]. Those things that we guard not as written but as handed down, which indeed are observed throughout the whole world, are understood to be retained as commended and established either by the Apostles themselves or by plenary councils, whose authority in the Church is most salutary: such as the fact that the Lord’s passion and resurrection and ascension into heaven, and the coming of the Holy Spirit, are celebrated by an anniversary solemnity; and if anything else of this kind occurs that is observed by the whole Church wherever it is spread. §1. Other things, however, vary throughout the regions and territories of the world, such as the fact that some fast on the Sabbath and others do not; others communicate daily in the body and blood of the Lord, while others receive on fixed days. And if anything else of this kind can be observed, this entire kind of matters admits free observances. For what is proved to be neither against faith nor against good morals is to be regarded as indifferent and observed according to the fellowship of those among whom one lives. My mother, having followed me to Milan, found a church that did not fast on the Sabbath; she had begun to waver as to what she should do. Then I consulted Bishop Ambrose of most blessed memory concerning this matter; but he said: “When I come to Rome, I fast on the Sabbath; when I am at Milan, I do not fast. So also you: to whatever church you may happen to come, observe its custom, if you do not wish to be a scandal to anyone or anyone to you.” When I reported this to my mother, she willingly embraced it.

Part II. GRATIAN. This, however, is to be understood concerning that custom which is strengthened either by the usage of the universal Church or by length of time. But if varied customs are introduced according to the variety of times or minds, when an opportunity is found they are to be cut away rather than observed. Hence Augustine writes in response to the inquiries of Januarius [epistle CXIX, c. 19]:

All such things that are neither contained in the authorities of the holy Scriptures, nor found to have been established in councils of bishops, nor strengthened by the custom of the universal Church, but vary innumerably according to the diverse customs of diverse places, so that the causes which men followed in establishing them can scarcely or never at all be discovered—where the faculty is granted, I judge that they are to be cut away without any hesitation. For although it cannot be discovered how this is against faith, they nevertheless burden with servile loads the religion that the mercy of God willed to be free through the very few and most manifest sacraments of celebrations, so that the condition of the Jews is more tolerable; for although they did not recognize the time of liberty, they are nevertheless subjected to legal sacraments, not to human presumptions.

Likewise from the Council of Toledo [XI, c. 3]. Part III. Concerning those who, contrary to the will of the Apostle, are carried about by every wind of doctrine, it pleased the holy council that, constrained by the authority of the metropolitan see, the citizens of each province and the rulers of the churches should maintain one and the same manner in psalmody that they know to have been instituted in the metropolitan see, and should not permit themselves to be separated from the metropolitan see by any diversity of any order or office. For it is just that each person take the rules of teaching from the place from which he receives the consecration of honor, so that according to the decrees of the elders the see that is the mother of each priestly dignity may be the teacher of ecclesiastical order. With the offices granted to abbots, which they are to fulfill regularly according to the will of their bishop, let it not be lawful for them to celebrate the other public offices, that is, vespers, matins, or Mass, otherwise than in the principal church. §1. Whoever shall have been a violator of these decrees, deprived of communion for six months, shall remain with the metropolitan to be corrected under the censure of penance, so that with him he may both wash away with tears the fault of his past transgression and diligently learn the necessary doctrine of the offices. §2. Therefore, under this rule of discipline, let not only the metropolitan bind the bishops or priests of his whole province, but let the other bishops also compel the rulers of churches subject to them to obey these institutions.

Likewise from the Council of Braga [I, c. 1]. It pleased all by common consent that one and the same order of psalmody should be maintained in the offices of matins or vespers, and not diverse and private orders, nor should the customs of monasteries be mixed with the ecclesiastical rule.