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NOTES TO THE DECRETUM 1. Ed. Fried. reads "Law of Nature" for "Divine Law." Ed. Rom. note: "There is great variety at this point in the manuscripts. Sometimes no title is found here; sometimes it reads Concerning written and unwritten law and what it governs, the authors of laws, and the choice between two evils or dispensation. Or: Andfirst concerning the law ofnatural, divine, and human enactments. Or: Concerning the law of nature and human enactment, which is known to Dominicus de Santo Geminiano [Super Decretum Volumine Commentaria (Venice, 1587), fol. 2V] and found in some ancient manuscripts. Or: Concerning the law ofnature and enactment, the title that seems to agree most with Gratian's usage, who often refers to this heading, as at the beginning of DD. 5, 7, 8, & 15, and before C.ll q. 1 c.26, where he writes, referring to this whole section, Refer to the beginning, where the difference is given between natural law and the law of enactment. Nevertheless, with such great variety, it could be proposed to avoid further conjecture that Gratian placed no rubric here. Thus it seemed adequate to keep the common reading and indicate the others." 2. Isidore of Seville, Etymologies, V, II, 1-2. 3. Isidore, Etymologies, V, III, 1. 4. Ed. Fried. reads, "Law is a genus and ordinance is a species of it." 5. Isidore, Etymologies, V, III, 2. Here for the first time and later when a rubric is lacking in the text of Gratian, the marginal reference from the Ed. Rom. has been reproduced in brackets. 6. Isidore, Etymologies, V, III, 3, cf. II, x, 2; cf. Ivo Pan. 2. 161, Tri. 3.7.1 [3.8.1], D. 4.200. 7. Ed. Rom. note: "In Isidore the following passage comes first: Usage is custom approved by age or unwritten ordinance. For ordinance [lex] gets its name from reading [legendo ], because it is written. Usage, however, is long-continued custom." 8. Isidore, Etymologies, V, III, 3-4, cf. II, x, 2-3; cf. Ivo Pan. 2. 161, Tri. 3.7.1 [8. 1], D. 4.200; cf. Dig. 1. 32.1; cf. Tertullian, De Corona, IV, 5 (R. Arbesmann tr., p. 239). 9. Ed. Rom. marginal note: "When 'law' is used in the strict sense, as something promulgated for the future; but when custom is placed in writing and made authoritative by a public authority, so that there can be no question about it or need of another authority, it remains custom." 10. Isidore, Etymologies, V, IV, 1; cf. Dig. 1. 1. 2. 11. Isidore, Etymologies, V, IV, 1-2; cf. Dig. 1. 1. 3. On the much-debated relationship between natural law and divine law in Gratian, see the brief summary of scholarly opinion in Stanley Chodorow, Christian Political Theory and Church Politics in the Mid-Twelfth Century (Berkeley: Univ. of Calif. Press, 1972), pp. 99-102; or, more extensively, Rudolf Weigand, Die Naturrechtslehre der Legisten und Dekretisten von Irnerius bis Accursius und von Gratian bis Johannes Teutonicus (Munich: Heuber, 1967). Scholarly debate focuses on whether Gratian considered natural law and divine law as identical. That this question posed problems for medieval readers may be seen by comparing the gloss on natural in Dicta Gratiani ante D. 1 c. 1 and the gloss on Natural law in D. 1 c.7. 88 NOTES TO THE DECRETUM 12. Ed. Rom. note: "In three manuscript codices of Isidore and some of Gratian, it reads the having and rearing of children and this accords with Dig. 1. 1. 3, which seems to be its origin." 13. Isidore, Etymologies, V, v, 1; cf. Dig. 1. 1. 9. 14. Isidore, Etymologies, V, VI, 1. 15. Ed. Fried. reads "peace treaties" for "treaties, armistices." 16. Isidore, Etymologies, V, VII, 1-2. 17. Ed. Fried. omits "to combat." 18. Isidore, Etymologies, V, VIII, 8; cf. Dig. 1. 1. 9. 19. Isidore, Etymologies, V, IX, 1. 20. Ed. Rom. note: "Previously this read, either trusteeships or contracts. It has been corrected from printed and manuscript versions of Isidore. Ulpian [Fragments], title 22, explains what 'cretion' is, as does Isidore, Etymologies, V, XXIV, 9." Ed. Fried. reads "trusteeships" for "cretion." 21. Cf. Instit. 1. 2. 3. 22. Isidore, Etymologies, V, X, 1, cf. II, X, 1; cf. Instit. 1.3.4. 23. Isidore, Etymologies, V, XI, 1; cf. Instit. 1. 3. 4. 24. Isidore, Etymologies, V, XII, 1; cf. Instit. 1. 2. 5. 25. Isidore, Etymologies, V, XIII, 1; cf. Instit. 1. 2...

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