At the end of his life he was appointed bishop of Chiusi, in Toscana. Back to Italy, he taught in the Benedictine (not Camaldolese!) monastery of Saint Felix and Nabor, in Bologna, where he wrote the Decretum.
Monk of Tuscan origin, Gratian seems to have spent part of his educational years in France. In 1979, furthermore, a methodologically questionable study that has had a wide impact, tried to demonstrate that the opinions piled up through the centuries about Gratian were only ‘hearsay’ or ‘legends’. The manuscripts of the Decretum do not contain – with few exceptions – the name of the author and very little is known about Gratian. Tenth, whereas lexical, text-critical, suppletive and explicative glosses, corrections, quotations and notabilia had been widely used in the Early Middle Ages, the formalized allegations in the books of Roman and Canon law were the crucial invention of the 12th century that differentiates this glossing from the previous one and that generated an organic growth of the glosses into extremely dense apparatus. Ninth, while some early glosses, including allegations, influenced the glossing of the Decretum Gratiani up to the Glossa ordinaria, others were eliminated at an early stage, thus reflecting an alterity and originality of the early glosses in the third and sometimes fourth quarter of the 12th century which had not been valued by previous research.
Eighth, the edition and analysis of the glosses to D.1-8 in Aa, Bc and Pf prove the necessity of including the allegations into the study of the Decretum Gratiani because they are often logically linked to the surrounding discursive glosses and notabilia, anticipate the future development of the glossing or illuminate contemporary summae of the Decretum Gratiani. Seventh, at first the decretists were mainly concerned with developing and structuring the text and only later, when the second recension had been finished, with glossing the text. Sixth, it seems that the great number and proportion of allegations among the glosses characterize the early manuscripts of the second recension and not yet the first recension. Fifth, some new glosses commenting the first recension have been identified in Aa and Bc and indirectly in P.
Fourth, the glosses of Fd, Aa, Bc, and Pf have their own profile, for instance with or without allegations of Burchard of Worms and the Lombarda. Third, the overwhelming majority of the glosses in the first recension manuscripts Aa and Bc reflect the second recension of the Decretum Gratiani. Second, the division of the pars prima and the pars tertia into distinctiones and the clear numbering of the distinctiones, the causae, and the quaestiones in the margins developed together with the emergence of standardized allegations. The study has led to the following new conclusions and hypotheses: First, the layout of the early Decretum Gratiani manuscripts seems to be less differentiated than the one of the contemporary Bolognese manuscripts of Roman law.
The paper tries to fill this gap by reviewing the existing literature and by analyzing the earliest manuscripts of the Decretum Gratiani. Above all, the drawings reveal what material was actually being emphasized in the classroom, and inform us of how the texts were taught and read, studied and absorbed, in the earliest years of the study of Roman law.ĭespite the renewal of the study of the Decretum Gratiani and the great interest shown by scholars in its early manuscript transmission over the past decade, the glosses have been widely neglected. Many call attention to complex discussions of moral, social, and procedural issues, and represent material to be memorized in acquiring the skills for arguing and winning a case in a court of law. Text-related sketches were created to represent literally or symbolically words, phrases, or passages to be discussed, committed to memory, or simply to be easily located. This article explores graphic, and especially pictorial, images that students and masters of the earlier period placed in the margins of their Roman law textbooks, as organizational and memorial tools. Abstract: While by mid-thirteenth century the University of Bologna offered a highly organized course of Roman law, there is little to tell us of methodologies followed in the twelfth and early thirteenth century.
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