[Modus legendi abbreviaturas]

Canon

Statutes of councils // For a canon is properly called a statute made in a general or provincial council by the authority of bishops, as in de cons. ca. i. Decree A Decree, however, is a statute set by the pope with the counsel of cardinals, yet it is set at no one’s consultation. And it is returned in writing, as in de rescript. c. presenti. Here, however, the Decree is taken for the name of the book in which the decrees of the holy fathers are written. The decree is taken otherwise in de re ec non alies ca. i. li. vi. in glosa magna in fi. where the difference is placed between a decree, authority, and consent or agreement of judges, etc. // Rescript But a decretal epistle is said when the pope alone, or with the counsel of cardinals, writes back and responds to the consultation of someone, as in de rescript. c. i. et glo. in §. omnes hee species. di. iiii. Also, this is found in the decretal, as in xxv. q. i. Omnia decretalia. Indifferently, however, decrees, canons, and decretals are called canon law, or canons, and one is often taken for the other. It is also called canonical institution, dogma sometimes dogma, because it consists in the doctrine of the Christian faith, de con. di. v. c. fi. mandate Sometimes a mandate, because it consists in the doctrine of morals, dis. liii. Finally, interdict sometimes an interdict, when no punishment is added, de conse. dis. iiii. Non oportet. And Sanction sometimes a sanction, when a punishment is added, xxvii. q.

iij. Si quis ere. Here also we use decretals in the plural number, for the book in which those dicta and chapters, which are also called decretals, are contained. Of the edition of rescripts // Finally, now to the books. The first book of canon law, which is called the Decree, was composed by Master Gratian. Not by finding it, but by gathering the dicta of the holy fathers, dispersed in different volumes, into one volume in a due and orderly way. And this around the year of the Lord one thousand one hundred and ninety-three. // That Gratian was also one of three brothers. Whose other brother, Peter Lombard, wrote the book of Sentences. And the third, Peter Comestor or Manducator, made the Scholastic History. Division of the Decree // This first book, the Decree, is divided into three principal parts. // Of which the first is called distinctions, because it is further subdivided into one hundred and one parts, each of which is called a distinction. For this first part of the decree has one hundred and one distinctions, from which it has drawn its name. These distinctions, however, are further subdivided into canons or chapters. Which canons sometimes, through the prolixity of the places of the law, can be subdivided into paragraphs. And the paragraphs themselves, if they are long, into paragraphs, etc. // The second part of the decree is named cases. And it contains within itself thirty-six cases.