3. The Sixth Book (_Liber s.e.xtus_), a supplement to the Decretals by Pope Boniface VIII, 1298.

4. The Const.i.tutions of Clementine (_Const.i.tutiones Clementinae_), 1317.

5. Several collections of papal laws not included in those above, known by the general t.i.tle of _Extravagantes_, i.e., laws _extra vagantes_, or outside of, the four compilations just mentioned.

Among all these the _Decretum_ of Gratian was the great innovation which first marked out Canon Law as a distinct field of learning, separate from both Theology and Roman Law. It was written as a text-book; "it was one of those great text-books which take the world by storm." It created an entirely new cla.s.s of students, separate from those devoted to Arts, Theology, Roman Law, and Medicine,--just as the development of Engineering and other new professional studies have created new groups of university students to-day,--and thereby increased the resort to the universities.

The selection following ill.u.s.trates numerous characteristics of mediaeval university study. (1) The question itself is a very ancient subject of debate; the controversy, on religious grounds, concerning the study of the cla.s.sics, had already continued for nearly a thousand years, and was destined to continue for centuries after the appearance of the _Decretum_. Many such questions were debated in the universities for generations. The debate on the cla.s.sics still rages, though the arguments pro and con no longer raise the point of their influence on religious belief. (2) The selection is one among many examples of the powerful influence of Abelard"s method in mediaeval writing and teaching. The reader will at once see in it the form of the "Yes and No." (3) It gives a very good idea of the substance of a university lecture, which would ordinarily consist in reading the actual text and comments here set down (see p. 111). (4) It shows how the ma.s.s of comments came to overshadow the original text, and by consequence to absorb the greater part of the attention of teachers and students. One object of university reform in all studies at the end of the fifteenth and the beginning of the sixteenth century was to sweep away this burdensome and often useless material, and to return to the study of the text itself (see p. 48). (5) It ill.u.s.trates a common mode of interpreting in a figurative sense pa.s.sages from the Bible which to the modern reader seem to have no figurative meaning. Thus (pp. 64, 66) the plagues of frogs and flies which Moses brought upon Egypt typify "the empty garrulousness of dialecticians, and their sophistical arguments "; the gifts of the three Magi to the infant Jesus signify "the three parts of philosophy," etc. Mediaeval literature contains a great ma.s.s of such interpretations.

The text and the "gloss," or commentary, are here placed on opposing pages for the sake of clearness. The text is a compilation, chiefly from earlier compilations; Gratian did not as a rule consult the sources themselves. His pupil, Paucapalea, made many additions to the text, one of which appears in this selection. The gloss here translated is the standard commentary (_glossa ordinaria_) which was used for centuries in the regular university lectures (see p. 108). Like the text, it is a compilation from many sources. It was first made (c. 1212) by John the German (Joannes Teutonicus), who added his own notes--usually signed "John"--to his selections from earlier glossators. The names or t.i.tles, often abbreviated, of commentators whom he quotes are frequently appended to their notes, e.g. John of Fa[enza], Hugo [of Pisa], C[ardinalis], Lau[rentius Hispa.n.u.s]; many notes are unsigned. About 1238 the compilation of John the German was revised and enlarged by Bartholomew of Brescia, who also added comments from other writers, e.g.

Arc [hidiaconus]. This revision forms the greater part, if not the whole, of the gloss which appears below.

The cross-references, in the comments below, are left untranslated. They are mainly citations of other pa.s.sages in the _Decretum_ itself. Such references as XVI. quaest III. nemo are to be read, Case XVI, question III, in the section beginning _Nemo_; XLVIII dist. sit rector means Distinction XLVIII, in the section beginning _Sit rector_. Several of the references in this selection are incorrect.

The gloss on this page belongs to the first line of text on page 60. It forms, with the Summaries on later pages, a complete a.n.a.lysis of the text. It indicates, first, the five subdivisions of the _distinctio_; second, its general purport. Later summaries a.n.a.lyze small portions of the text. (Cf. the description of the lecture by Odofredus, p. 111.)

This division is divided into five sections; the second begins: "Then why ..." (p. 68); the third begins: "The report has come to as" (p. 74); the fourth begins: "Christians are forbidden" (p. 75); the fifth begins: "As therefore is evident" (p. 75). John of Fa.[A]

Summary. Here follows the thirty-seventh division in which the question is asked whether it is fitting that the clergy be made acquainted with profane literature, that is, the books of the heathen. And first he proves that they should not be read (as far as "But on the other hand,"

p. 64). Then he proves the opposite and afterwards gives the solution (to "Then why," p. 68). The first two chapters are plain.

[SHALL PRIESTS BE ACQUAINTED WITH PROFANE LITERATURE, OR NO?]

=But the question (_h_) is asked whether these men should be made acquainted with profane literature.=

Here is what is written upon the matter in the fourth Carthaginian Council:

=A Bishop should not read the books of the (_i_) heathen.=

A bishop should not read the books of the heathen: those of heretics he may read carefully, either of necessity (_k_) or for some special reason.

So Jerome to Pope Damasus on the prodigal son:

=Priests are blameworthy who, to the neglect of the Gospels, read comedies.=

We see priests of G.o.d, to the neglect of the Gospels and the Prophets, reading comedies, singing the Amatory words of bucolic verses, keeping Vergil in their hands, and making that which occurs with boys as a necessity (_k_) ground for accusation against themselves because they do it for pleasure.

Idem:

=They walk in the vanity and darkness of the senses who occupy themselves with profane learning.[B]=

Does he not seem to you to be walking in the vanity of the senses, and in darkness of mind, who day and night torments himself with the dialectic art; who, as an investigator of nature, raises his eyes athwart the heavens and, beyond the depths of lands and the abyss, is plunged into the so-called void; who grows warm over iambics, who, in his over zealous mind, a.n.a.lyses and combines the great jungle of metres; and, (to pa.s.s to another phase of the matter), who seeks riches by fair means and foul means, who fawns upon kings, grasps at the inheritances of others, and ama.s.ses wealth though he knows not at the time to whom he is going to leave it?

(_h_) In this thirty-seventh division Gratian asks[C] whether one who is to be ordained ought to be acquainted with profane literature. First, however, he shows that the clergy ought not to give attention to the books of the heathen.[D] Then he gives the argument on the other side and offers this solution, that some read the books of the heathen for amus.e.m.e.nt and pleasure, and this is forbidden, while some read for instruction, and this is lawful, in order that, through these books they may know how to speak correctly and to distinguish the true from the false. John, as far as "Then why" (p. 68). And notice that in all the chapters up to "But on the other hand" (p. 64) pleasure alone seems to be forbidden.

(_i_) Therefore they ought not to hear the laws, for it is a disgrace to them if they wish to be versed in forensic training. C. de testa consulta divalia. But, on the other hand, the laws are divinely promulgated through the mouths of princes as XVI. quaest. III, nemo.[E]

Some say that it is lawful to hear the laws in order that through them the canons may be better understood. He argues in favor of this division in the section beginning "Some read profane literature" (p. 70). John.

(_k_) In order that they may know how to speak correctly.

Likewise [Jerome] on Isaiah:

He who misunderstands the sacred scriptures, or makes a wrong use of profane wisdom, is drunken with wine[F] and with strong drink.

They are drunken with wine who (_l_) misunderstand the sacred scriptures and pervert them, and through strong drink they make a wrong use of profane wisdom and the wiles of the dialecticians, which are to be called, not so much wiles as figures, that is, symbols, so-called, and images, which quickly pa.s.s away and are destroyed. Likewise, in accordance with tropology (_m_), we ought to regard as false prophets those who interpret the words of the scriptures otherwise than as the Holy Spirit utters them, and as divine those who from the inferences of their own minds and apart from the authority of divine words, proclaim as true the uncertain events of the future. Likewise, those who do not understand the Scriptures according to the actual truth eat sour grapes.

Likewise [Jerome] in the Epistle to the Ephesians:

Bishops are blamed who train their own sons in profane literature.[G]

Let those bishops and priests read [this] who train their own sons in profane literature, and have them read those well-known comedies and sing the base writings of the actors of farces, having educated them perhaps on the money of the church.(_a_) And that which a virgin, or a widow, or any poor person whatever had offered, pouring out her whole substance as an offering for sin, this [is devoted] to a gift (_b_) of the calendar, and a saturnalian offering, (_c_) and, on the part of the grammarian and orator, to a thank-offering to Minerva, or else it is turned over for domestic expenses, or as a temple donation, or for base gain. Eli, the priest, was himself holy, but because ...

(_l_) The ears of those who misunderstand the words of the Master should be cut off: as XXIV. quaest. I. si Petrus.[H]

(_m_) That is, in accordance with the moral[I] meaning, from trope, i.e.

a turning[J] or application, when we apply our words to the shaping of character.

XLIII. distinct. sit rector.

Additio. They did the opposite and he writes of penitence, distinct. I.

super tribus. Archi.

(_a_) He argues contrariwise in dist. x.x.xI. omnino.

(_b_) Strena,--the first gift which is given at the beginning of the Calendar[K]. It is given for a good omen. XXV. quaest. ulti. non observetis.

It is called Strena as if from sine threna, i.e. without lamentation.

(_c_) Sportula (a gift) which is given for fables of Saturn, or for celebrating the festival of Saturn, or for games of Saturn,--for good luck.

...he trained not his sons (_d_) in every form of improving discipline, he fell prostrate and died.

(Also from the replies of Pope Urban to Charles, Chapt. 48).

Palea [Paucapalea, a pupil of Gratian]:

Heretics, when disputing,[L] place the whole strength of their wits upon the dialectic art, which, in the judgment of philosophers, is defined as having the power not of aiding but of destroying study. But the dialectic art was not pleasing[M] to G.o.d the Father, Son, and Holy Spirit, for the Kingdom of G.o.d is in the simplicity of faith, not in contentious speech.

Also Raba.n.u.s on the Afflictions of the Church:

The blessed Jerome is beaten by an angel because he was reading the works of Cicero.

We read about the blessed Jerome that when he was reading the works (_e_) of Cicero he was chidden by an angel because, being a Christian man, he was devoting himself to the productions of the pagans.

[The discussion which follows, to "Hence Bede," etc., p. 66, is attributed, in modern editions, to Gratian.]