Justice, mercy and Christian love: The treatments of infidels and heretics in Gratian's 'Decretum'

This study maintains that in treating infidels and heretics, Gratian's Decretum (c. 1140) upholds forcefully the uniqueness of canon law. The discussion of Gratian's position is made with reference to the decretists and the contemporary theologians, especially those of the school of Laon.; Gratian insists that church law must never be viewed detached from its supernatural purpose, the salvation of souls, and that the antithesis of justice and mercy may be reconciled in Christian love. While the Church is determined to pursue the conversion of infidels under the guidance of law, many decisions are made not out of a legalistic interpretation of canons but of mercy based on charity, so that faith may be sowed in nonbelievers and nourished among new converts. The correction of heretics, likewise, requires the equilibrium of justice and mercy. Heretics are subject to excommunication--a legal sanction of medicinal intention. Heresay that cannot be proven in the court or cannot be prosecuted without disrupting peace in the Church is not to be corrected through a legal sentence. In the opinion of Gratian, an exorbitant confidence in human judgment should be carefully avoided. The spiritual welfare of innocent children and an ignorant populace receives particular attention in the Decretum.; For the Magister, the integrity of the judge is crucial in preserving church law as an act of love. Fear of punishment can never make one love God freely. The clergy, especially bishops, are exhorted to imitate Christ in humility so that the judicial power may always be exercised in conjunction with patient instruction and loving prayer.; In his discourse on church law, Gratian does not deny the legitimacy of secular authorities. He nevertheless points out that the severity of secular law may be tempered through the intervention of the Church.; While recognizing the necessity of law and punishment, Gratian never forsakes the teachings of toleration prominent in the New Testament. Christian love, manifested in the perfection of Christ, guides the judge of the Church to attain the harmony between justice and mercy, for charity "rejoiceth not in iniquity, but rejoiceth with the truth" (I Cor. 13:6).