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Decretum Gratiani

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95-423: Jus novum ( c.  1140 -1563) Jus novissimum ( c.  1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of

190-503: A "permanent" deacon (one not intending to become a priest) is decided by the regional episcopal conference . Matrimony , or Marriage, is another sacrament that consecrates for a particular mission in building up the Church, and that provides grace for accomplishing that mission. This sacrament, seen as a sign of the love uniting Christ and the Church, establishes between the spouses a permanent and exclusive bond, sealed by God. Accordingly,

285-506: A child reaches the age of reason. U.S. dioceses complied but did not bring confirmation forward with it from a subsequent age. The Sacrament of Penance (or Reconciliation) is the first of two sacraments of healing. The Catechism of the Catholic Church mentions in the following order and capitalization different names of the sacrament, calling it the sacrament of conversion, Penance, confession, forgiveness and Reconciliation. It

380-556: A deacon configures the man in the service of the bishop, especially in the Church's exercise of Christian charity towards the poor, and preaching of the word of God. Men who discern a vocation to the priesthood are required by canon law (canon 1032 of the 1983 Code of Canon Law ) to undertake a seminary program with graduate level philosophical and theological studies and a formation program that includes spiritual direction , retreats , apostolate experience, and learning some Latin. The course of studies in preparation for ordination as

475-479: A gift of the Holy Spirit that marks the recipient as with a seal. Through the sacrament the grace given in baptism is "strengthened and deepened." Like baptism, confirmation may be received only once, and the recipient must be in a state of grace (meaning free from any known unconfessed mortal sin ) in order to receive its effects. The "originating" minister of the sacrament is a validly consecrated bishop ; if

570-622: A great sense of depth in the disputes dealt with in the ecclesiastical seats, especially in the appeal judgments dealt with in the Roman curia. Therefore, some scholars today exclude that he was trained in Justinian Roman law and that (at the beginning of his career) he worked mainly in certain cities (such as Arezzo , Pisa or Bologna ) where Roman law was known and applied for years, it being plausible that he came from an episcopal city in which all jurisdiction, both civil and ecclesiastical,

665-517: A knowledge of Classical or Old Latin by the use of rare or archaic forms and sequences. Though they had not existed together historically, it is common that an author would use grammatical ideas of the two periods Republican and archaic, placing them equally in the same sentence. Also, many undistinguished scholars had limited education in "proper" Latin, or had been influenced in their writings by Vulgar Latin. Many striking differences between classical and Medieval Latin are found in orthography . Perhaps

760-593: A lay person delegated by the diocesan Bishop with the approval of the Episcopal Conference and the permission of the Holy See ) and at least two other witnesses, though in the theological tradition of the Latin Church the ministers of the sacrament uniquely are the couple themselves. For a valid marriage, a man and a woman must express their conscious and free consent to a definitive self-giving to

855-497: A living language and was instead a scholarly language of the minority of educated men (and a tiny number of women) in medieval Europe, used in official documents more than for everyday communication. This resulted in two major features of Medieval Latin compared with Classical Latin, though when it is compared to the other vernacular languages, Medieval Latin developed very few changes. There are many prose constructions written by authors of this period that can be considered "showing off"

950-488: A lowercase "q.", and canons by a lowercase "c.". Gratian's dicta are referred to with a lowercase "d. a. c." ( dictum ante canonem , for commentary preceding the canon) or "d. p. c." ( dictum post canonem , for commentary following the canon). Examples: Commonly used between the seventeenth and early twentieth centuries, this form generally begins with a reference to the smallest unit in Arabic numerals, followed by

1045-442: A marriage between baptized people, validly entered into and consummated, cannot be dissolved. The sacrament confers on them the grace they need for attaining holiness in their married life and for responsible acceptance and upbringing of their children. As a condition for validity, the sacrament is celebrated in the presence of the local Ordinary or Parish Priest or of a cleric delegated by them (or in certain limited circumstances

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1140-536: A priest (a "presbyter") confers the sacrament – as is done ordinarily in the Eastern Churches and in special cases (such as the baptism of an adult or in danger of the death of a young child) in the Latin Church ( CCC 1312–1313) – the link with the higher order is indicated by the use of oil (known as " chrism " or " myron ") blessed by the bishop on Holy Thursday itself or on a day close to it. In

1235-553: A rebirth of Latin literature and learning after the depressed period following the final disintegration of the authority of the Western Roman Empire. Although it was simultaneously developing into the Romance languages, Latin itself remained very conservative, as it was no longer a native language and there were many ancient and medieval grammar books to give one standard form. On the other hand, strictly speaking there

1330-550: Is Venantius Fortunatus ( c.  530  – c.  600 ). This was also a period of transmission: the Roman patrician Boethius ( c.  480 –524) translated part of Aristotle 's logical corpus, thus preserving it for the Latin West , and wrote the influential literary and philosophical treatise De consolatione Philosophiae ; Cassiodorus ( c.  485  – c.  585 ) founded an important library at

1425-489: Is bound by the " seal of confession ", which is inviolable. "Accordingly, it is absolutely wrong for a confessor in any way to betray the penitent, for any reason whatsoever, whether by word or in any other fashion." A confessor who directly violates the sacramental seal incurs an automatic excommunication whose lifting is reserved to the Holy See . In some dioceses, certain sins are "reserved" which means only certain confessors can absolve them. Some sins, such as violation of

1520-458: Is made a deacon , a deacon is made a priest and a priest is made a bishop , dedicated for service to the Church. In descending order of rank, the three degrees are referred to as episcopate, presbyterate and diaconate. The bishop is the only minister of this sacrament. Ordination as a bishop confers the fullness of the sacrament, with membership of the College of Bishops , the successor body in

1615-402: Is necessary that the faithful come to it with proper dispositions, that their minds should be attuned to their voices, and that they should cooperate with divine grace lest they receive it in vain". The Catholic Church teaches that the sacraments are "efficacious signs of grace , instituted by Christ and entrusted to the Church, by which divine life is dispensed to us." The Church teaches that

1710-518: Is no real consensus on the exact boundary where Late Latin ends and Medieval Latin begins. Some scholarly surveys begin with the rise of early Ecclesiastical Latin in the middle of the 4th century, others around 500, and still others with the replacement of written Late Latin by written Romance languages starting around the year 900. The terms Medieval Latin and Ecclesiastical Latin are sometimes used synonymously, though some scholars draw distinctions. Ecclesiastical Latin refers specifically to

1805-510: Is not possible after Anders Winroth 's groundbreaking scholarship. Winroth's research shows that the Decretum existed in two published recensions . The first dates to sometime after 1139, while the second dates to 1150 at the latest. There are several major differences between the two recensions: These differences led Winroth to conclude that Roman law was not as far developed by 1140 as scholars had previously thought. He has also argued that

1900-493: Is seen as "the source and summit" of Christian living, the high point of God's sanctifying action on the faithful and of their worship of God, the point of contact between them and the liturgy of heaven. So important is it that participation in the Eucharistic celebration (see Mass ) is seen as obligatory on every Sunday and holy day of obligation and is recommended on other days. Also recommended for those who participate in

1995-518: Is sometimes incorrectly referred to as Franciscus Gratianus, Johannes Gratian, or Giovanni Graziano. For a long time he was believed to have been born around 1100, at Ficulle in Umbria , based on a chronicle of illustrious men of the 14th century attributed to an exponent of the powerful Colonna family , who had possessions in Ficulle . He was said to have become a monk at Camaldoli and then taught at

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2090-477: Is the manuscript St. Gall, Stiftsbibliothek , 673 (=Sg), which some have argued contains the earliest known draft (Larrainzar's borrador ) of the Decretum , but which other scholars have argued contains an abbreviation of the first recension expanded with texts taken from the second recension. During the reformation, individuals such as Martin Luther strongly criticized the claims of papal primacy within

2185-429: Is the sacrament of spiritual healing of a baptized person from the distancing from God resulting from sins committed. When people sin after baptism, they cannot have baptism as a remedy; Baptism, which is a spiritual regeneration, cannot be given a second time. The sacrament involves four elements: "Many sins wrong our neighbour. One must do what is possible in order to repair the harm (e.g., return stolen goods, restore

2280-690: Is used, and the formula is: "The servant of God, N., is baptized in the name of the Father, and of the Son, and of the Holy Spirit." Though sprinkling is not normally used, its validity is accepted, provided that the water flows over the skin, since otherwise it is not a washing. Confirmation or Chrismation is the second sacrament of Christian initiation. "It is called Chrismation (in the Eastern Churches: anointing with holy myron or chrism) because

2375-711: The Decretum , is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian . It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici . It was used as the main source of law by canonists of the Roman Catholic Church until the Decretals , promulgated by Pope Gregory IX in 1234, obtained legal force, after which it

2470-523: The Decretum . One of Luther's chief concerns surrounded Distinctio 40 (Chapter " Si papa ") which reads: Sacraments in the Catholic Church God Schools Relations with: There are seven sacraments of the Catholic Church , which according to Catholic theology were instituted by Jesus Christ and entrusted to the Church. Sacraments are visible rites seen as signs and efficacious channels of

2565-476: The Decretum . The Roman revisers of the 16th century (1566–1582) corrected the text of the "Decree" and added many critical notes designated by the words Correctores Romani . The Decretum is cited by referring to the larger units of the distinction or the cause and question, and then the specific canon or dictum. For clarity, the distinctions of Causa 33, quaestio 3 of the second part are referred to as De penitentia (or De pen. ), while

2660-452: The Church , and as the working language of science, literature, law, and administration. Medieval Latin represented a continuation of Classical Latin and Late Latin , with enhancements for new concepts as well as for the increasing integration of Christianity. Despite some meaningful differences from Classical Latin, its writers did not regard it as a fundamentally different language. There

2755-624: The Last Rites . The other Last Rites are Confession (if the dying person is physically unable to confess, at least absolution, conditional on the existence of contrition, is given), and the Eucharist, which when administered to the dying is known as "bread for the journey" or by the Latin name " Viaticum ", literally "provisions for a journey". Holy Orders is the Sacrament by which a layman

2850-686: The grace of God to all those who receive them with the proper disposition. The sacraments are often classified into three categories: the sacraments of initiation (into the Catholic Church and the mystical body of Christ ), consisting of Baptism , Confirmation , and the Eucharist ; the sacraments of healing, consisting of the Sacrament of Penance and the Anointing of the Sick ; and

2945-539: The monastery of St. Felix in Bologna and devoted his life to studying theology and canon law, but contemporary scholars do not attach credibility to these traditions. Since the 11th century, some cities of central-northern Italy such as Arezzo , Pisa , Bologna had been the centre of the study of Roman law , after the Corpus Juris Civilis was rediscovered in western Europe. In the second half of

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3040-593: The syntax of some Medieval Latin writers, although Classical Latin continued to be held in high esteem and studied as models for literary compositions. The high point of the development of Medieval Latin as a literary language came with the Carolingian Renaissance , a rebirth of learning kindled under the patronage of Charlemagne , king of the Franks . Alcuin was Charlemagne's Latin secretary and an important writer in his own right; his influence led to

3135-445: The 11th century and at the beginning of the 12th century Roman law was generally studied and applied only in the cities (seat of the diocese) in which there was an imperial Prefecture, where imperial and ecclesiastical jurists (and courts) coexisted (such as Pisa and Bologna ), with mutual interference. However, from the first editorial stages of the Decretum it is clear that Gratian had little knowledge of Roman law and that he had

3230-558: The 5th century saw the literary activities of the great Christian authors Jerome ( c.  347 –420) and Augustine of Hippo (354–430), whose texts had an enormous influence on theological thought of the Middle Ages, and of the latter's disciple Prosper of Aquitaine ( c.  390  – c.  455 ). Of the later 5th century and early 6th century, Sidonius Apollinaris ( c.  430 – after 489) and Ennodius (474–521), both from Gaul, are well known for their poems, as

3325-628: The Body and Blood of Christ, a change that is called transubstantiation . "The minister who is able to confect the sacrament of the Eucharist in the person of Christ is a validly ordained priest alone." The word "priest" here (in Latin sacerdos ) includes both bishops and those priests who are also called presbyters . Deacons as well as priests ( sacerdotes ) are ordinary ministers of Holy Communion, and lay people may be authorized to act as extraordinary ministers of Holy Communion. The Eucharistic celebration

3420-542: The Body and Blood of Jesus Christ and participate in the Eucharistic memorial of his one sacrifice. The first of these two aspects of the sacrament is also called Holy Communion. The bread – which must be wheaten, and which is unleavened in the Latin, Armenian and Ethiopic Rites, but is leavened in most Eastern Rites – and wine – which must be from grapes – used in the Eucharistic rite are, in Catholic faith, transformed in their inner reality , though not in appearance , into

3515-621: The Catechism of the Catholic Church states: "Christian initiation is accomplished by means of the sacraments which establish the foundations of Christian life. The faithful born anew by Baptism are strengthened by Confirmation and are then nourished by the Eucharist." The Catechism of the Catholic Church says, "In the Eastern rites the Christian initiation of infants also begins with Baptism followed immediately by Confirmation (Chrismation) and

3610-410: The Catholic Church references this order at No. 1212, and at No. 1322 says: "The holy Eucharist completes Christian initiation.". Administering the Eucharist before Confirmation began in the Latin Church, unlike other Christian bodies, due to Pope Pius X 's 1910 decree Quam singulari Christus amore (transl.: "How special was Christ's love"), which said Communion should not be delayed beyond when

3705-567: The Church is the guardian, and parts that can be changed , which the Church has the power and on occasion also the duty to adapt to the cultures of recently evangelized peoples." Baptism cannot be changed to allow a non-Trinitarian formula. "Anyone conscious of a grave sin must receive the sacrament of Reconciliation before coming to communion." Regarding marriage, "basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity, tradition has always declared that 'homosexual acts are intrinsically disordered' [...] contrary to

3800-544: The Church itself is the universal sacrament of salvation, the sacraments of the Catholic Church in the strict sense are seven sacraments that "touch all the stages and all the important moments of Christian life: they give birth and increase, healing and mission to the Christian's life of faith". "The Church affirms that for believers the sacraments of the New Covenant are necessary for salvation", although not all are necessary for every individual. The Compendium of

3895-546: The Church revolves around the Eucharistic sacrifice and the sacraments. There are seven sacraments in the Church: Baptism , Confirmation or Chrismation , Eucharist , Penance , Anointing of the Sick , Holy Orders , and Matrimony ." The list of seven sacraments already given by the Council of Florence (1439) was reaffirmed by the Council of Trent (1545–1563), which stated: CANON I.- If any one saith, that

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3990-592: The Church to that of the Apostles , and entrusting to him the threefold office to teach, sanctify, and govern the People of God . Ordination as a priest calls the priest to take, in the Eucharistic celebration, the role of Christ , the Head of the Church, the one essential High Priest, and confers on him the power and responsibility, as the bishop's assistant, to celebrate the sacraments except for Holy Orders. Ordination as

4085-556: The Distinction or Cause in Roman numerals and (if required) the question in Arabic numerals, e.g. "c. 5, C.3 q.1". This is the form used by medieval and early modern writers, falling out of use after the eighteenth century. Major divisions ( Distinctio, Causa, quaestio ) were cited with (usually Roman) numerals. Since the numbering of the Decretum 's capitula only became standard in the sixteenth century, canons were cited by their opening word(s). Two or more canons beginning with

4180-509: The East, which retains the ancient practice, the sacrament is administered by the parish priest immediately after baptism. In the West, where the sacrament is normally reserved for those who can understand its significance, it came to be postponed until the recipient's early adulthood; in the 20th century, after Pope Pius X introduced first Communion for children on reaching the age of discretion ,

4275-485: The English People . Many Medieval Latin works have been published in the series Patrologia Latina , Corpus Scriptorum Ecclesiasticorum Latinorum and Corpus Christianorum . Medieval Latin was separated from Classical Latin around 800 and at this time was no longer considered part of the everyday language. The speaking of Latin became a practice used mostly by the educated high class population. Even then it

4370-651: The Eucharist, while in the Roman rite it is followed by years of catechesis before being completed later by Confirmation and the Eucharist, the summit of their Christian initiation" ( CCC 1233). Again in the Acts of the Apostles Baptism, Laying of the Hands (Confirmation/Chrismation) and Breaking of the Bread are administered to the faithful within a short span of time (Acts 2: 42; 8:14; 19:6). The Eastern Churches followed

4465-521: The Germanic tribes, who invaded southern Europe, were also major sources of new words. Germanic leaders became the rulers of parts of the Roman Empire that they conquered, and words from their languages were freely imported into the vocabulary of law. Other more ordinary words were replaced by coinages from Vulgar Latin or Germanic sources because the classical words had fallen into disuse. Latin

4560-538: The Latin vocabulary that developed for them became the source of a great many technical words in modern languages. English words like abstract , subject , communicate , matter , probable and their cognates in other European languages generally have the meanings given to them in Medieval Latin, often terms for abstract concepts not available in English. The influence of Vulgar Latin was also apparent in

4655-520: The Mass is reception, with the proper dispositions, of Holy Communion. This is seen as obligatory at least once a year, during Eastertide. During the second half of the 2010s some dioceses of Latin Church in the United States, as elsewhere, returned to the original order of the three sacraments of Christian initiation, that is: Baptism, Confirmation and, lastly, first Communion. The Catechism of

4750-609: The Sacraments of Initiation from early days. Latin Church, though administered the three sacraments- Baptism, Confirmation and Eucharist- separately, they retained the idea of unity of these sacraments. Thus CCC 1233 implies that the Christian initiation is completed by years long preparation in the Latin Church. Many of the Eastern Churches have restored their original tradition of Christian initiation which they lost in Latinization. The Roman Catholic Church sees baptism as

4845-536: The canonical jurisdiction from the civil one. Gratian's work was an attempt, using early scholastic method, to reconcile seemingly contradictory canons from previous centuries. Gratian quoted a great number of authorities, including the Bible , papal and conciliar legislation, church fathers such as Augustine of Hippo , and secular law in his efforts to reconcile the canons. Gratian found a place in Dante 's Paradise among

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4940-411: The characteristics described above, showing its period in vocabulary and spelling alone; the features listed are much more prominent in the language of lawyers (e.g. the 11th-century English Domesday Book ), physicians, technical writers and secular chroniclers. However the use of quod to introduce subordinate clauses was especially pervasive and is found at all levels. Medieval Latin had ceased to be

5035-584: The classical Latin practice of generally placing the verb at the end, medieval writers would often follow the conventions of their own native language instead. Whereas Latin had no definite or indefinite articles, medieval writers sometimes used forms of unus as an indefinite article, and forms of ille (reflecting usage in the Romance languages) as a definite article or even quidam (meaning "a certain one/thing" in Classical Latin) as something like an article. Unlike classical Latin, where esse ("to be")

5130-648: The classical forms, testifies to the declining significance of classical education in Gaul. At the same time, good knowledge of Latin and even of Greek was being preserved in monastic culture in Ireland and was brought to England and the European mainland by missionaries in the course of the 6th and 7th centuries, such as Columbanus (543–615), who founded the monastery of Bobbio in Northern Italy. Ireland

5225-420: The desire thereof, men obtain of God, through faith alone, the grace of justification; – though all (the sacraments) are not necessary for every individual; let him be anathema. "Sacred tradition and Sacred Scripture form one sacred deposit of the word of God, committed to the Church." "In the liturgy, above all that of the sacraments, there is an immutable part, a part that is divinely instituted and of which

5320-535: The distinctions of the third part are referred to as De consecratione (or De cons. ). The Part is usually not included, as the citation form is different for each. Citation styles for the Decretum have changed over time and can generally be categorised under the modern, obsolescent, and obsolete forms. This form, common since the twentieth century, cites all units in Arabic numerals, from largest unit to smallest unit. Distinctions are referenced by an uppercase "D.", Causes by an uppercase "C.", questions by

5415-542: The doctors of the Church: This next flamelet issues from Gratian's smile, he who gave such help to the ecclesiastical and civil spheres as is acceptable in Paradise. He has long been acclaimed as Pater Juris Canonici ( Latin : "Father of Canon Law"), a title he shares with his successor St. Raymond of Penyafort . Gratian was the father and the first teacher of the scientia nova which he himself coined:

5510-458: The effect of a sacrament comes ex opere operato , by the very fact of being administered, regardless of the personal holiness of the minister administering it. However, a recipient's own lack of proper disposition to receive the grace conveyed can block the effectiveness of the sacrament in that person. The sacraments presuppose faith and through their words and ritual elements, are meant to nourish, strengthen and give expression to faith. While

5605-438: The essential rite of the sacrament is anointing with chrism. It is called Confirmation because it confirms and strengthens baptismal grace." It is conferred by "the anointing with Sacred Chrism (oil mixed with balsam and consecrated by the bishop), which is done by the laying on of the hand of the minister who pronounces the sacramental words proper to the rite." These words, in both their Western and Eastern variants, refer to

5700-569: The faithful Pars dynamica (trial procedure) Canonization Medieval Latin language Medieval Latin was the form of Literary Latin used in Roman Catholic Western Europe during the Middle Ages . In this region it served as the primary written language, though local languages were also written to varying degrees. Latin functioned as the main medium of scholarly exchange, as the liturgical language of

5795-531: The faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life The Decretum Gratiani , also known as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as

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5890-533: The first and basic sacrament of Christian initiation. In the Western or Latin Church , baptism is usually conferred today by pouring water three times on the recipient's head, while reciting the baptismal formula: "I baptize you in the name of the Father and of the Son and of the Holy Spirit " (cf. Matthew 28:19 ). In the Eastern Catholic Churches of Byzantine Rite immersion or submersion

5985-614: The form that has been used by the Roman Catholic Church (even before the Middle Ages in Antiquity), whereas Medieval Latin refers to all of the (written) forms of Latin used in the Middle Ages. The Romance languages spoken in the Middle Ages were often referred to as Latin , since the Romance languages were all descended from Vulgar Latin itself. Medieval Latin would be replaced by educated humanist Renaissance Latin , otherwise known as Neo-Latin . Medieval Latin had an enlarged vocabulary, which freely borrowed from other sources. It

6080-588: The monastery of Vivarium near Squillace where many texts from Antiquity were to be preserved. Isidore of Seville ( c.  560 –636) collected all scientific knowledge still available in his time into what might be called the first encyclopedia , the Etymologiae . Gregory of Tours ( c.  538 –594) wrote a lengthy history of the Frankish kings. Gregory came from a Gallo-Roman aristocratic family, and his Latin, which shows many aberrations from

6175-410: The most striking difference is that medieval manuscripts used a wide range of abbreviations by means of superscripts, special characters etc.: for instance the letters "n" and "s" were often omitted and replaced by a diacritical mark above the preceding or following letter. Apart from this, some of the most frequently occurring differences are as follows. Clearly many of these would have been influenced by

6270-445: The natural law." "The ordination of women is not possible." The efficacy of sacraments does not depend on the celebrant's being in the state of grace. Their power comes not from the celebrant nor from the recipient but from God. In them Christ himself is at work. However, the actual effects ("the fruits") of the sacrament depends also on the recipient's disposition: "in order that the liturgy may be able to produce its full effects, it

6365-581: The new canon law or ius novum . Many of his disciples have become highly renowned canonists. The vulgate version of Gratian's collection was completed at some point after the Second Council of the Lateran of 1139, which it quotes. Research by Anders Winroth established that some manuscripts of an early version of Gratian's text, which differs considerably from the mainstream textual tradition, have survived. With later commentaries and supplements,

6460-414: The notice of contemporaries. Petrarch , writing in the 14th century, complained about this linguistic "decline", which helped fuel his general dissatisfaction with his own era. The corpus of Medieval Latin literature encompasses a wide range of texts, including such diverse works as sermons , hymns , hagiographical texts, travel literature , histories , epics , and lyric poetry . The first half of

6555-536: The ordination of kings. Hugh of Saint Victor enumerated nearly thirty, although he put Baptism and Holy Communion first with special relevance. The current seven sacraments were set out in the Sentences by Peter Lombard , and these seven were confirmed by the Fourth Council of the Lateran in 1215. The Catechism of the Catholic Church lists the sacraments as follows: "The whole liturgical life of

6650-795: The other, excluding none of the essential properties and aims of marriage. If one of the two is a non-Catholic Christian, their marriage is licit only if the permission of the competent authority of the Catholic Church is obtained. If one of the two is not a Christian (i.e. has not been baptized ), the competent authority's dispensation is necessary for validity. Jus novum ( c.  1140 -1563) Jus novissimum ( c.  1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of

6745-583: The pleadings given in court. Even then, those of the church still used Latin more than the rest of the population. At this time, Latin served little purpose to the regular population but was still used regularly in ecclesiastical culture. Latin also served as a lingua franca among the educated elites of Christendom — long distance written communication, while rarer than in Antiquity, took place mostly in Latin. Most literate people wrote Latin and most rich people had access to scribes who knew Latin for use when

6840-576: The popes, texts of the Scripture or of the Fathers. These are the canones ; the entire remaining portion, even the summaries of the canons and the chronological indications, are called the maxims or dicta Gratiani . Many auctoritates have been inserted in the Decretum by authors of a later date. These are the Paleae , so called from Paucapalea , the name of the principal commentator on

6935-554: The practice of receiving Confirmation later than the Eucharist became widespread; but the traditional order, with Confirmation administered before First Communion, is being increasingly restored. The Eucharist, also called the Blessed Sacrament , is the sacrament – the third of Christian initiation, the one that the Catechism of the Catholic Church says "completes Christian initiation" – by which Catholics partake of

7030-410: The reputation of someone slandered, pay compensation for injuries). Simple justice requires as much. But sin also injures and weakens the sinner himself, as well as his relationships with God and neighbour. Absolution takes away sin, but it does not remedy all the disorders sin has caused. Raised up from sin, the sinner must still recover his full spiritual health by doing something more to make amends for

7125-576: The sacramental seal, consecration of bishops without authorization by the Holy See, direct physical attacks on the Pope, and intentional desecration of the Eucharist are reserved to the Holy See. A special case-by-case faculty from the Sacred Penitentiary is normally required to absolve these sins. Anointing of the Sick is the second sacrament of healing. In this sacrament a priest anoints

7220-472: The sacraments of service: Holy Orders and Matrimony . Furthermore, Baptism and penance were also known as the "sacraments of the dead" (in the meaning that the souls of the sinners which are regarded dead before God may obtain life through these sacraments), whereas the other five are collectively the "sacraments of the living". The number of the sacraments in the early church was variable and undefined; Peter Damian for example had listed eleven, including

7315-523: The sacraments of the New Law were not all instituted by Jesus Christ, our Lord; or that they are more, or less, than seven, to wit, Baptism, Confirmation, the Eucharist, Penance, Extreme Unction, Order, and Matrimony; or even that any one of these seven is not truly and properly a sacrament; let him be anathema . CANON IV.- If any one saith, that the sacraments of the New Law are not necessary unto salvation, but superfluous; and that, without them, or without

7410-549: The same word/phrase might be distinguished with numbers, e.g. In Christo ii . Examples (using the same references as above): Early commentators might also refer to the first few canons by number (e.g. cap. iij for the third canon of a distinction), or to the last few canons as cap. antepenult. ( "capitulum antepenultimum" , that is, third to last), cap. penult. (or pen. or pe. , second to last), and cap. fin. ( "capitulum finale" ) or cap. ult. (last). Gratian ( Medieval Latin : Gratianus )

7505-442: The second recension was due not to the original author of the first recension (whom he calls Gratian 1), but rather another jurist versed in Roman law. However, Winroth's thesis of two Gratians remains controversial. This field of inquiry is hampered by ignorance of the compiler's identity and the existence of manuscripts with abbreviated versions of the text or variant versions not represented by Winroth's two recensions. One of these

7600-613: The sick with oil blessed specifically for that purpose. "The anointing of the sick can be administered to any member of the faithful who, having reached the use of reason, begins to be in danger by reason of illness or old age" (canon 1004; cf. CCC 1514). A new illness or a worsening of health enables a person to receive the sacrament a further time. When, in the Western Church, the sacrament was conferred only on those in immediate danger of death, it came to be known as " Extreme Unction ", i.e. "Final Anointing", administered as one of

7695-424: The sin: he must 'make satisfaction for' or 'expiate' his sins. This satisfaction is also called 'penance'" (CCC 1459). In early Christian centuries, this element of satisfaction was quite onerous and generally preceded absolution, but now it usually involves a simple task for the penitent to perform later, in order to make some reparation and as a medicinal means of strengthening against further temptation. The priest

7790-468: The spelling, and indeed pronunciation, of the vernacular language, and thus varied between different European countries. These orthographical differences were often due to changes in pronunciation or, as in the previous example, morphology, which authors reflected in their writing. By the 16th century, Erasmus complained that speakers from different countries were unable to understand each other's form of Latin. The gradual changes in Latin did not escape

7885-614: The study and the forensic use of canon law. In spite of its great reputation and wide diffusion, the Decretum has never been recognized by the Church as an official collection. The so-called vulgata or vulgate version (an advanced editorial stage) of the Decretum is divided into three parts ( ministeria , negotia , sacramenta ). Each distinction or question contains dicta Gratiani , or maxims of Gratian, and canones . Gratian himself raises questions and brings forward difficulties, which he answers by quoting auctoritates , i. e. canons of councils, decretals of

7980-552: The use of medieval Latin among the learned elites of Christendom may have played a role in the spread of those features. In every age from the late 8th century onwards, there were learned writers (especially within the Church) who were familiar enough with classical syntax to be aware that these forms and usages were "wrong" and resisted their use. Thus the Latin of a theologian like St Thomas Aquinas or of an erudite clerical historian such as William of Tyre tends to avoid most of

8075-410: The work he called Concordia discordantium canonum , and others titled Nova collectio, Decreta, Corpus juris canonici , or the more commonly accepted name, Decretum Gratiani , a living text, characterized by multiple editorial stages. He did this to obviate the difficulties which beset the study and the forensic application of practical, external theology ( theologia practica externa ), i.e.,

8170-467: The work was incorporated into the Corpus Juris Canonici . The Decretum quickly became the standard textbook for students of canon law throughout Europe, but it never received any formal, official recognition by the papacy. Only the Codex Juris Canonici of 1917 put it out of use. As late as 1997, scholars commonly set the date of completion at 1140, but this accuracy in dating

8265-524: Was a canon lawyer from Etruria , probably operating in the former feudal state of Matilda of Tuscany (mainly in Tuscany and Emilia region ) as well as in Reims (1131), Rome , Bologna , Venice (1143) and Chiusi . He flourished in the second quarter of the twelfth century. He died on 10 August around the middle of the 12th century as bishop of Chiusi in Tuscany . Little else is known about him. He

8360-419: Was also spread to areas such as Ireland and Germany , where Romance languages were not spoken, and which had never known Roman rule. Works written in those lands where Latin was a learned language, having no relation to the local vernacular, also influenced the vocabulary and syntax of Medieval Latin. Since subjects like science and philosophy, including Rhetoric and Ethics , were communicated in Latin,

8455-489: Was also the birthplace of a strange poetic style known as Hisperic Latin . Other important Insular authors include the historian Gildas ( c.  500  – c.  570 ) and the poet Aldhelm ( c.  640 –709). Benedict Biscop ( c.  628 –690) founded the monastery of Wearmouth-Jarrow and furnished it with books which he had taken home from a journey to Rome and which were later used by Bede ( c.  672 –735) to write his Ecclesiastical History of

8550-409: Was dealt with by the only court present: the ecclesiastical one. Perhaps also for this reason he feels the need to create a legal work to be applied only in ecclesial courts and only for cases relating to canon law, putting an end to the mixture between civil and ecclesiastical jurisdictions. It is no coincidence that Dante Alighieri writes that he helped "one and the other forum", that is, he separated

8645-465: Was heavily influenced by the language of the Vulgate , which contained many peculiarities alien to Classical Latin that resulted from a more or less direct translation from Greek and Hebrew ; the peculiarities mirrored the original not only in its vocabulary but also in its grammar and syntax. Greek provided much of the technical vocabulary of Christianity . The various Germanic languages spoken by

8740-593: Was no single form of "Medieval Latin". Every Latin author in the medieval period spoke Latin as a second language, with varying degrees of fluency and syntax. Grammar and vocabulary, however, were often influenced by an author's native language. This was especially true beginning around the 12th century, after which the language became increasingly adulterated: late Medieval Latin documents written by French speakers tend to show similarities to medieval French grammar and vocabulary; those written by Germans tend to show similarities to German, etc. For instance, rather than following

8835-472: Was not frequently used in casual conversation. An example of these men includes the churchmen who could read Latin, but could not effectively speak it. Latin's use in universities was structured in lectures and debates, however, it was highly recommended that students use it in conversation. This practice was kept up only due to rules. One of Latin's purposes, writing, was still in practice; the main uses being charters for property transactions and to keep track of

8930-574: Was the cornerstone of the Corpus Juris Canonici , in force until 1917. In the first half of the 12th century Gratian , clusinus episcopus , probably a jurist of the ecclesiastical forum and a teacher, rubricator at the monastery of Saints Nabor and Felix (according to the Bolognese Odofredus Denariis [13th century]) and starting from the 18th century believed to have been a Camaldolese monk, composed

9025-520: Was the only auxiliary verb, Medieval Latin writers might use habere ("to have") as an auxiliary, similar to constructions in Germanic and Romance languages. The accusative and infinitive construction in classical Latin was often replaced by a subordinate clause introduced by quod or quia . This is almost identical, for example, to the use of que in similar constructions in French. Many of these developments are similar to Standard Average European and

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