decretist


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Related to decretist: decretalist

decretist

1. a canon lawyer versed in papal decrees on points in ecclesiastical law.
2. a person versed in the decretals. Also decretalist.
See also: Catholicism
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Perhaps influential in the debate between the friars and the Clarisses was the idea that custom was legally binding if the practice was known to and not abrogated by those who had the power to do so, an idea expressed, for example, by the late-twelfth-century decretist Rufinus and accepted by later glossators including Giovanni d'Andrea (Johannes Teutonicus).
Arquilliere, Walter Ullmann and others, made the claim that conciliar theory, far from being a reaction against canonistic views or an importation of secular constitutionalist ideas on to ecclesiastical soil, was in fact the logical outgrowth of canonistic thought itself, reflecting a subtle and complex amalgam of older Decretist discussions of the case of the heretical pope and the subsequent attempts of generations of Decretalists to rationalize in terms of corporation law the structure of both the individual churches of Christendom and of the universal church itself.
In one gloss on Gratian's Decretum, a decretist made the observation that the general interdict could legitimately punish a community for the sin of a member, though this punishment imposed a temporal rather than an eternal punishment.
For canon law favouring the manumission of unfree persons marrying outside a lord's holdings, see John Gilchrist, "The Medieval Canon Law on Unfree Persons: Gratian and the Decretist Doctrines, c.
In the words of Brian Tierney, upon whom Siedentop draws, "the works of those Decretists, most of them unpublished so far, contain the most sophisticated thought of the age on problems of church and state.