ABSTRACT
This chapter explores how to reconcile Gratian’s willingness to use both the Justinianic and the pre-Justinianic Roman law that he found in his sources with his apparent unwillingness or inability to use Justinian’s Roman law books at first hand. It considers it in the context of Gratian’s use of the Panormia, a collection that contains a good number of Justinianic law texts. The chapter summarises how scholars have interpreted Gratian’s curious relationship to Roman law, and shows that he had access to the sixth book of the Panormia when he compiled his Marriage Treatise. It looks at three examples of Roman law texts that were available to Gratian in the Panormia but which he chose not to use. The chapter suggests that the history of the medieval rediscovery of Roman law needs to be rewritten on the basis of contemporary evidence.
