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NOTES TO THE GLOSS (1) This text says that the world is ruled by two things: the authority of pontiffs and royal power. (2) This text says that if a debtor pays one of several debts he owes a creditor without indicating which of them he means to pay, the creditor can decide which debt is discharged provided he makes this decision as he would were he the debtor. (3) These texts distinguish practices to be observed throughout the Church from those that may vary locally. (4) Reading "Vivianus" for "Julianus" as the title of the law. (5) Ed. Rom. says, "Properly speaking, they are not contrary to reason but beyond reason." (6) Ed. Rom. says, "Reason is either depraved or infirm when it is not helpful for salvation ." (7) Citation is to [C.] 32. q. 7. quid adulterio; c. 16 begins "quid in omnibus peccatis est adulterio." (8) In this text, Augustine deals with the famous case put by Cicero (De Officiis III, xxv, 95) in which a person becomes insane after depositing his sword with another, and then demands it back. According to Augustine, the sword need not be returned to the owner even if its custodian had promised to do so on demand. The gloss (to "furens") explains that all promises have the tacit condition: "provided that matters remain in the same state." This canon law doctrine later passed into secular law and was used to give a contracting party relief when circumstances had changed since he entered into a contract. See R. Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition (Cape Town, South Africa: Juta, 1990), pp. 579-82. (9) According to the comment, ascribed to Gratian, it is not sin to be a soldier. (10) These texts condemn marriages between Christians and non-Christians or heretics. (11) These texts contain prohibitions on interference with stipends and other property belonging to the Church. (12) It is noted in the margin of Ed. Rom. that this gloss is transposed and pertains to the next capitulum. (13) The citation reads: ff. eo Modestinus. In fact the Rhodian law does not say that those who suffer shipwreck lose everything to the inhabitants. D. 14.2.9 is an ambiguous passage in which those who have been despoiled by the inhabitants of an island where they came ashore appeal to the emperor. The emperor pronounces that the Rhodian law is to be followed. This could be read to mean that they can be despoiled. The author of the Greek version of the law is Maecianus, who is sometimes misidentified as Modestinus. (14) The citation found in the Ed. Rom. is wrong. It is "extra de biga. altercationis," but there is no capitulum "altercationis" in the title De Bigarnis of the Liber Extra. The citation given here in its place (D. 16 c. 6) is found in manuscripts of the gloss (e.g., Vat. Lat. 1367) and makes the point the gloss requires. 114 NOTES TO THE GLOSS (15) This text mentions the four noted in the previous gloss: dogmas, mandates, interdicts, and sanctions. (16) It is found in Innocent IV, Super Libros Quinque Decretalium ad X 5.40.25 ad Si mos, foJ. 570r no. 4 (Frankfurt, 1570, rpt. Frankfurt: Minerva, 1968). (17) Reading "Fan." for "Fran." (18) Gratian is speaking of the Cornelian Act on Murderers and Poisoners, a law punishing homicide and certain related crimes. (19) The citation is to C. 4. q. 3. non in testibus. There is no capitulum by that name, but c. 3. does contain a section (ยง 27) beginning "In testibus" that makes the point needed by the gloss. It speaks of the clarity required by witnesses. (20) Reading "quidam" for "quaedam" for the title of the capitulum. (21) Reading "plerique" for "plerumque" as the title of the capitulum. (22) For the origin of this idea, see Aristotle, History ofAnimals VII, III 583b 1-9. (23) A treatise on penitential discipline ascribed to St. Theodore (602-90), archbishop of Canterbury. (24) Reading "Adhuc" for "Ad haec" as title of the capitulum. (25) Reading C. 32 for C. 22. (26) Two types of proceedings in Roman law, either of which could be brought for the restitution of property. (27) The first of these texts says that a claim can be dismissed when the claimant brings an inappropriate action. The second says that the defendant need not respond unless the claimant specifies the basis of his action. (28) This text says that the...

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