"Down with them!" put in little Jehan, as counterpoint; "down with Master Andry, the beadles and the scribes; the theologians, the doctors and the decretists
; the procurators, the electors and the rector!"
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.
MULLER, <<The Decretist
. The Italian School y R.
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
Montag offers an account of Couvreur's text, which retrieves the historical moment in which the jurists of medieval Christian Europe, the Decretists
and Decretalists, agreed that the laws of property cannot be invoked to deny food to the starving who will not wait to be fed but will take what is necessary to their survival.