distinction — Decretum of Gratian

Distinction XX

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¶.

GRATIAN. Part I. Decretal epistles, therefore, are equal in law to the canons of councils. But now it is asked concerning the expositors of sacred Scripture whether they are equal to them or are subject to them. For the more anyone relies upon reason, the greater the authority his words appear to have. But very many of the commentators, excelling others just as in a fuller grace of the Holy Spirit, so also in more extensive knowledge, are proved to have adhered more closely to reason. Hence, to some persons, the sayings of Augustine, Jerome, and other commentators appear to be preferred to the enactments of certain pontiffs. Part II. §1. But it is one thing to impose an end upon causes and another to expound sacred Scriptures diligently. For defining affairs, not only knowledge but also power is necessary. Hence Christ, when about to say to Peter, “Whatever you bind upon earth shall be bound also in heaven,” etc., first gave him the keys of the kingdom of heaven: in one giving him the knowledge of discerning between leprosy and leprosy, and in the other giving him the power of casting some persons out of the Church or receiving them. Therefore, since any affairs receive an end either in the absolution of the innocent or in the condemnation of offenders, while absolution or condemnation requires not only knowledge but also the power of those who preside, it is apparent that the commentators on the divine Scriptures, although they excel pontiffs in knowledge, nevertheless, because they have not attained the summit of their dignity, are placed before them in expositions of the sacred Scriptures, but in defining causes merit the second place after them. Hence Leo IV writes to the bishops of Britain:

Friedberg, col. 65/66

1.

C. I. The writings of others are not to be placed before the decrees of the Roman pontiffs.

It is not fitting for any persons to judge from the little books and commentaries of others and to abandon the canons of the holy councils or the rules of the decretals that are held among us together with the canons. We use all of these in ecclesiastical judgments, namely those of the Apostles, the Nicene, Ancyrene, Neocaesarean, Gangrene, Sardican, Carthaginian, and African councils, and with them the rules of the Roman prelates Sylvester, Siricius, Innocent, Zosimus, Celestine, Leo, Hilary, Gelasius, Hormisdas, and Gregory the Younger. These altogether are those both through which a bishop judges and through which bishops and clerics together are judged. For if an unusual affair of such a kind emerges or occurs that can by no means be settled through these, then the sayings of those whom you mentioned—Jerome, Augustine, Isidore, or the rest of the holy doctors like them—if they are found, are to be retained and promulgated magnanimously, or the matter is to be referred to the apostolic see. §1. For this reason I do not fear to proclaim more clearly and with a loud voice that one who is proved not to receive without distinction those statutes of the holy fathers that we have mentioned, which among us are entitled canons—whether he is a bishop, cleric, or layman—is proved neither to retain nor believe the Catholic and apostolic faith or the holy four Gospels usefully and efficaciously unto their effect.

Friedberg, col. 65/66

2.

C. II. Those who either do not possess or do not observe the decrees of the Roman pontiffs are to be reproved.

Likewise Pope Nicholas to the clergy of Constantinople. If you do not possess the decrees of the Roman pontiffs, you are to be accused of neglect and carelessness. But if you possess them and do not observe them, you are to be reproved and rebuked for rashness.

Friedberg, col. 65/66

3.

C. III. To whom recourse is to be had when the authority of sacred Scripture does not present itself.

Likewise Pope Innocent. Concerning causes for which no authority to loose and bind appears in the books of the Old Testament, the four Gospels, together with all the writings of the Apostles, let recourse not be had to the Greek divine writings. If it is not found in those either, lay your hand upon the Catholic histories of the Catholic Church written by Catholic doctors. If it is not found in those either, recall with discernment the examples of the saints. But if, after all these have been examined, the nature of this question is not clearly investigated, gather the elders of the province and question them. For what is sought by more elders is found more readily. The Lord, the true promiser, also says: “If two or three of you agree upon earth in my name concerning any matter whatsoever that they ask, it shall be done for them by my Father.”

Friedberg, col. 65/66