distinction — Decretum of Gratian

Distinction XC

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¶.

GRATIAN. Part I. A litigious man is also prohibited from being ordained, because one who by his power ought to draw the discordant to concord, and who is prohibited from receiving the offerings of those at dissension, ought by no means, through readiness to litigate, to provoke others to dissension. Hence it reads in the Fourth Council of Carthage, [c. 59]:

Friedberg, col. 313/314

1.

C. I. Discordant clerics are to be recalled to concord or cast down to concord.

Let a bishop draw discordant clerics to concord either by reason or by authority; let the synod condemn the disobedient through a hearing.

Friedberg, col. 313/314

2.

C. II. The offerings of brothers at dissension are not to be received in the church.

Likewise from the same, [cc. 93 and 94]. Let the offerings of brothers at dissension be received neither in the sacristy nor in the treasury. Likewise: § 1. The gifts of those who oppress the poor are to be rejected by priests.

Friedberg, col. 313/314

3.

C. III. One who does not have peace with his neighbor is proved to be outside the Church.

Likewise Cyprian, [On the Unity of the Church]. God had regard neither for Cain nor for his gifts;

for he could not have God at peace with him who had not peace with his brother but the discord of jealousy. What peace, therefore, do enemies of brothers promise themselves? What sacrifices do rivals of priests believe themselves to celebrate? Do those who gather outside the Church of Christ think that Christ is with them when they have gathered? Even if such persons have been killed in confession of the name of Christ, this stain is not washed away even by blood. The inexpiable and grave fault of discord is not cleansed even by suffering.

Friedberg, col. 313/314

4.

C. IV. Let murmurers be made strangers to the unity of the brothers.

Likewise from the Eighth Synod. Let one who murmurs be a stranger to the unity of the brothers, and let the work of one who has proved to be murmuring be cast away, lest he incur the penalty of the murmurers, concerning which the Apostle says: “Neither shall you murmur, as certain persons murmured and perished by the destroyer.” Therefore, according to the measure of his work, let the sinner—who is fully disclosed in this saying of the Apostle—do penance at the judgment of the priest.

Friedberg, col. 313/314

5.

C. V. Those who love quarrels and contentions are to be corrected.

Likewise from the same. If any monk loves contentions or quarrels, or inflicts a manifest insult upon a brother, let him expiate it by prolonged penance according to the judgment of the ruler and the measure of the sin. Likewise: § 1. One who has proved contentious or murmuring is to do penance according to the judgment of the prior for as long as the character of the fault remains.

Friedberg, col. 313/314

6.

C. VI. Bishops at dissension are to be compelled to return to concord.

Likewise from the Fourth Council of Carthage, [c. 25]. If fear of God does not reconcile bishops at dissension, let the synod do so.

Friedberg, col. 313/314

7.

C. VII. On the same.

Likewise from the same, [c. 26]. Bishops are to take care that they exhort brothers at dissension, whether clerics or laymen, to peace rather than to judgment.

Friedberg, col. 313/314

8.

C. VIII. The gifts of those who oppress the poor are not to be received.

Likewise from the same, [c. 94]. The gifts of those who oppress the poor are to be rejected by priests.

Friedberg, col. 313/314

9.

C. IX. Those who scorn to return to concord are to be removed from the assembly of the faithful.

Likewise from the Council of Agde, [c. 31]. It also pleased the council that, as often happens, whoever have dissented from one another through hatred or a protracted lawsuit, and through prolonged obstinacy have been unable to be recalled to peace, are first to be reproved by the priests of the city. But if with pernicious intention they are unwilling to lay aside their enmities, let them be expelled from the assembly of the Church by a most just excommunication.

Friedberg, col. 315/316

10.

C. X. One who is unwilling to be reconciled to his brother is to be afflicted with most severe fasts.

Likewise Pope Fabian. If anyone who has been grieved is unwilling to be reconciled to his brother, when the one who grieved him has made satisfaction, let him be afflicted with the most severe fasts until he receives the satisfaction with a grateful spirit.

Friedberg, col. 315/316

11.

C. XI. Bishops are mutually to furnish counsel and aid to one another for firmly maintaining peace.

Likewise Innocent II. Part II. We command that bishops, having regard for God alone and the salvation of the people, with all lukewarmness set aside, mutually furnish counsel and aid to one another for firmly maintaining peace, and not omit this through love or hatred of anyone. But if anyone is found lukewarm in this work of God, let him incur the loss of his own dignity.

Friedberg, col. 315/316

12.

C. XII. Those who are unwilling to be reconciled to one another are to be driven from the communion of the faithful.

Likewise Pope Victor, [to the Africans, epistle II]. It has been reported to the apostolic see that some among you wish to harm their brothers and strive that they fall, similarly that they disagree in the sacraments, and that on account of this contentions and rivalries arise among you. We command you to turn away from these dissensions, to agree in all these things, and mutually to bear aid. For if you quickly neglect to do this and do not strive to be reconciled to one another, do not doubt that you will be driven from the communion of the apostolic see and of the whole Church.

Friedberg, col. 315/316