Unfortunately, the law is seen by many as being opposed to mercy. 11, The National Encyclopedia, Vol. They treated successively of the depositaries of authority, procedure, the clergy and the things pertaining to them, marriage, crimes and penalties. 1313 - 1320) title iii. The concessions granted to them are generally subject to a certain measure of control. In this category it comes after theology, which studies and explains in accordance with revelation, the truths to be believed; it is supported by theology, but in its turn it formulates the practical rules toward which theology tends, and so it has been called “theologia practica”, “theologia rectrix”. they pick out more or less advantageously the texts, which they borrow from the “chronological” compilations, though they display as yet no critical discernment, and include many apocryphal documents, while others continue to be attributed to the wrong sources. The Canonical Collections in the West to Pseudo-Isidore.—In the West canonical collections developed as in the East, but about two centuries later. The legislator, and in the case of particular laws the superior, remains master of the law; he can suppress it either totally (abrogation), or partially (derogation), or he can combine it with a new law which suppresses in the first law all that is incompatible with the second (abrogation). [18] Fernando della Rocca used the term "ecclesiastical-positive law" in contradistinction to civil-positive law, in order to differentiate between the human legislators of church and state, all of which issue "positive law" in the normal sense. The former, executed at the request of Stephen, Bishop of Salona, is a translation of the Greek councils, including Chalcedon, and begins with the fifty Apostolic canons; Dionysius adds to it only the Latin text of the canons of Sardica and of Carthage (419), in which the more ancient African councils are partially reproduced. These sources are also called the material and the formal sources of canon law. This was an important step towards the centralization and unification of the ecclesiastical law, especially as the Latin Catholic world hardly extended beyond the limits of the empire, Africa and the south of Spain having been lost to the Church through the victories of Islam. As the later law of the separated Eastern Churches did not influence the Western collections, we need not treat of it, but go on to consider only the Greek collection. I. Can. contracts, obligations, and in general the administration of property; it was quite natural for the Church to accommodate itself in these matters to the existing laws, without positively approving of them. Historical roots. According to the excellent definition of St. Thomas (I, 2, q. VI, “De justif.”, can. Unity of legislation, in as far as it can be expected at that period, is identical with a certain uniformity of practice, based on the prescriptions of Divine law relative to the constitution of the Church, the liturgy, the sacraments, etc. On the other hand, in too many seminaries the teaching of ecclesiastical law is not sufficiently distinguished from that of moral theology. Any Latin Catholic who successfully procures an abortion incurs an "automatic" (latae sententiae ) excommunication (Codex iuris canonici c. 1398). Decretals and Decretalists.—While lecturing on Gratian’s work the canonists labored to complete and elaborate the master’s teaching; with that view they collected assiduously the decretals of the popes, and especially the canons of the ecumenical councils of the Lateran (1179, 1215); but these compilations were not intended to form a complete code, they merely centerd round and supplemented Gratian’s “Decretum”; for that reason these Decretals are known as the “Extravagantes“, i.e. Juridical, historical, and above all theological sciences are most useful for the comprehensive study of canon law. [35], Benedict XV, in his bull of promulgation, refers to the motu proprio Arduum sane, which was issued by Pius X, March 17, 1904, and gave rise to the 1917 Code. An authentic interpretation is an official interpretation of a law issued by the law's legislator, and has the force of law. He did not wish to suppress or supplant the “Decretum” of Gratian, but this eventually occurred. It means not knowing that canon law lies behind many things that we as Catholics take for granted. This collection, often called the “Dionysio-Hadriana”, was soon officially received in all Frankish territory, where it was cited as the “Liber Canonum”, and was adopted for the whole empire of Charlemagne at the Diet of Aachen in 802. The common law, therefore, is that which is to be observed with regard to a certain matter, unless the legislator has foreseen or granted exceptions; for instance, the laws regulating benefices contain special provisions for benefices subject to the right of patronage. jur. What began with rules ("canons") adopted by the Apostles at the Council of Jerusalem in the first century has developed into a highly complex legal system encapsulating not just norms of the New Testament, but some elements of the Hebrew (Old Testament), Roman, Visigothic, Saxon, and Celtic legal traditions. (2) If we consider the form in which it is found, we have the written law (jus scripturn) comprising the laws promulgated by the competent authorities, and the unwritten law (jus non scriptum), or even customary law, resulting from practice and custom; the latter however became less important as the written law developed. (5) Considered from the point of view of its expression, canon law may be divided into several branches, so closely allied, that the terms used to designate them are often employed almost indifferently: common law and special law; universal law and particular law; general law and singular law (jus commune et speciale; jus universale et particulare; jus generate et singulare). Can. Introduction to Canon Law Class Notes (1)-1. F. From the Decretals to the Present Time.—After the fourteenth century, except for its contact with the collections we have just treated of canon law loses its unity. In 1959, Pope John XXIII announced, together with his intention to call the Second Vatican Council, that the 1917 Code would be completely revised. V, tit. [36] The work having been begun by Pius X, it was sometimes called the "Pio-Benedictine Code" but more often the 1917 Code to distinguish it from the later 1983 Code which replaced it. [33] In 1234 Pope Gregory IX promulgated the first official collection of canons, called the Decretalia Gregorii Noni or Liber Extra. [24][27] This period can be further divided into three periods: the time of the apostles to the death of Pope Gelasius I (A.D. 496), the end of the 5th century to the spurious collection of the 9th century, and the last up to the time of Gratian (mid-12th century).[28]. Trid., Sess. [72] Ordinarily, bishops are to have an advanced degree (doctorate or at least licentiate) in scripture, theology, or canon law. Evidently secular law cannot be, strictly speaking, a source of canon law, the State as such having no competence in spiritual matters; yet it may become so by the more or less formal acceptation of particular laws by the ecclesiastical authorities. The Supreme Legislator is. In these cases we have an ecclesiastico-civil law, the legal force of which arose from the joint action of the two competent authorities. The name “capitula” or “capitularia” is given also to the episcopal ordinances quite common in the ninth century. In the thirteenth century, the Roman Church began to collect and organize its canon law, which after a millennium of development had become a complex and difficult system of interpretation and cross-referencing. (See Collections of Ancient Canons.) On the other hand, modern legislation is indebted to the canon law for certain beneficial measures: part of the procedure in criminal, civil, and matrimonial cases, and to some extent, the organization of courts and tribunals. Hergenroether (Freiburg-im-B., 1888); J. Hollweck (Freiburg-im-B., 1905); J. Laurentius (Freiburg-im-B., 1903); D. M. Prummer, 1907; J. ), interlinear at first, then marginal, or they composed separate treatises known as “Apparatus”, “Summae“, “Repetitiones”, or else collected “casus”, “quaestiones”, “Margaritas”, “Breviaria”, etc. We may cite in Italy those of G. C. Ferrari (1847); Vecchiotti (Turin, 1867); De Camillis, (Rome, 1869); Sebastiano Sanguinetti, S.J. Modern Catholic canon law is "codified", that is, it is contained within (presently) two "codes", one for the Roman Church (1983) and one for all the Eastern Churches (1990). I, pg. Who is a canon lawyer ? We pass by in the first place the laws made by the mutual agreement of both parties, such as the legislation of the numerous assemblies in the Visigothic kingdom, and the Frankish kingdom and empire, where the bishops sat with the lords and nobles. Two later compilations included in the “Corpus Juris” are private works, the “Extravagantes of John XXII”, arranged in 1325 by Zenzelin de Cassanis, who glossed them, and the “Extravagantes communes”, a belated collection; it was only in the edition of the “Corpus Juris” by Jean Chappuis, in 1500, that these collections found a fixed form. Modern law has only a restricted and local influence on canon law, and that particularly on two points. Finally, different classes of persons, the clergy, religious orders, etc., have their own laws which are superadded to the general law. There are also canonists who have written at considerable length either on the whole canon law, or on special parts of it, in their own particular manner; it is difficult to give a complete list, but we will mention: Agostino Barbosa (d. 1639), whose works fill at least 30 volumes; Cardinal J. By the 19th century, the body of canonical legislation included some 10,000 norms. [34], The fourth period of canonical history is that of the present day, initiated by the promulgation of the 1917 Code of Canon Law[24] on 27 May 1917. Finally, considered chronologically, the sources and collections are classified as previous to or later than the “Corpus Juris”. V. Codification. Among repertoires and dictionaries, it will suffice to cite the “Prompta Bibliotheca” of the Franciscan Ludovico Ferraris (Bologna, 1746); the “Dictionnaire de droit canonique” of Durand de Maillane (Avignon, 1761), continued later by Abbe Andre (Paris, 1847) etc. The pope wished to collect in a more uniform and convenient manner the decretals scattered through so many different compilations; he entrusted this synopsis to his chaplain Raymund of Pennafort, and in 1234 sent it officially to the universities of Bologna and Paris. And it means not knowing that, in too many cases, important ecclesiastical rights and obligations might be going unrecognized in our lives. Suzzallo, Henry, Ph.D., Sc.D., LL.D., Editor in Chief, This page was last edited on 5 December 2020, at 15:02. A law is thus distinguished from a counsel, which is optional not obligatory; from a precept, which is imposed not on the community but on individual members; and from a regulation or direction, which refers to accessory matters. indulgentiarum” (Augsburg, 1735); Carlo Sebastiano Berardi, “Commentaria in jus canonicum universum” (Turin, 1766); also his “Institutiones” and his great work “Gratiani canones genuini ab apocryphis discreti”, (Turin, 1752); James Anthony Zallinger, a Jesuit, “Institutiones juris ecclesiastici maxime privati” (Augsburg, 1791), not so well known as his “Institutionum juris naturalis et ecclesiastici publici libri quinque” (Augsburg, 1784). In the year 1000, there was no book that had attempted to summarize the whole body of canon law, to systematize it in whole or in part. Canon law is the body of laws and regulations made by or adopted by ecclesiastical authority, for the government of the Christian organization and its members. in VI °). Laws coexist as far as they are reconcilable; the more recent modifies the more ancient, but a particular law is not suppressed by a general law, unless the fact is stated expressly. Its original elements consist of the Spanish councils from Elvira (about 300) to the Seventeenth Council of Toledo in 694. Before Gratian there was no "jurisprudence of canon law" (system of legal interpretation and principles). The “Decretals” of Gregory IX, though composed in great part of specific decisions, represented in fact a more advanced state of law; furthermore, the collection was sufficiently extensive to touch almost every matter, and could serve as a basis for a complete course of instruction. Thus joined together these two collections became the canonical code of the Roman Church, not by official approbation, but by authorized practice. The object therefore of ecclesiastical law is all that is necessary or useful in order that the society may, attain its end, whether there be question of its organization, its working, or the acts of its individual members; it extends also to temporal things, but only indirectly. All the ancient collections are private, due to personal initiative, and have, therefore, as collections, no official authority: each text has only its own intrinsic value; even the “Decretum” of Gratian is of this nature. [31] Gratian also had an enormous influence on the history of natural law in his transmission of the ancient doctrines of natural law to Scholasticism.[32]. (7) Finally, if we look to the history or chronological evolution of canon law, we find three epochs: from the beginning to the “Decretum” of Gratian exclusively; from Gratian to the Council of Trent; from the Council of Trent to our day. Canon law greatly increased from 1140 to 1234. From the earliest ages the letters of the Roman pontiffs constitute, with the canons of the councils, the principal element of canon law, not only of the Roman Church and its immediate dependencies, but of all Christendom; they are everywhere relied upon and collected, and the ancient canonical compilations contain a large number of these precious “decretals” (decreta, statuta, epistolae decretales, and epistolae synodicae). A law can also cease when its purpose and end cease, or even when it is too difficult to be observed by the generality of the subjects; it then falls into desuetude (see Custom). 1394 §1. A nomocanon (nomokanon) is a collection of ecclesiastical law, consisting of the elements from both the civil law (nomoi) and the canon law (kanones). It is a judicial science, differing from the science of Roman law and of civil law inasmuch as it treats of the laws of another society; but as this society is of the spiritual order and in a certain sense supernatural, canon law belongs also to the sacred sciences. Collections of this kind were found only in Eastern law. 208 - 223) TITLE II: THE OBLIGATIONS AND RIGHTS OF THE LAY MEMBERS OF CHRIST'S FAITHFUL … There are also to be classes in moral and pastoral theology, canon law, liturgy, ecclesiastical history, and other auxiliary and special disciplines, according to the norm of the prescripts of the program of priestly formation. The school is uniquely suited to prepare students for the professional practice of canon law. penalties and other punishments (cann. As to the eighty-five Apostolic Canons, accepted by the same council, they rank yet first in the above-mentioned “Apostolic” collection; the first fifty, translated into Latin by Dionysius Exiguus (c. 500), were included in the Western collections and afterwards in the “Corpus Juris”. The general idea of the future Code includes (after the preliminary section) four main divisions: persons, things (with subdivisions for the sacraments, sacred places and objects, etc. Occasionally a canon law issue comes directly into our personal world, … Unfortunately these records have not come down to us in their entirety; we possess them in two forms: in the collection of Dionysius Exiguus, as the canons of a “Concilium Africanum”; in the Spanish collection, as those of eight councils (the fourth wrongly attributed, being a document from Arles, dating about the beginning of the sixth century). 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