known in the terminology of Canon Law as the vacatio legis. a redaction of the laws (all the laws) into an orderly series of short precise texts. This plan, popularized by the “Institutiones juris canonici” of Lancellotti (1563), has been followed since by most of the canonist authors of “Institutiones” or manuals, though there has been considerable divergency in the sub-divisions; most of the more extensive works, however, preserved the order of the “Decretals”. According to the result, the interpretation is said to be “comprehensive, extensive, restrictive, corrective,” expressions easily understood. The term "canon law" (ius canonicum) was only regularly used from the twelfth century onwards. Since the “closing” of the “Corpus Juris” two attempts have been made; the first was of little use, not being official; the second, was official, but was not brought to a successful issue. In the eleventh century certain collections group under the same headings the canons that treat of the same matters; however, it is only in the middle of the twelfth century that we meet in the “Decretum” of Gratian the first really scientific treatise on canon law. As many as 36 collections of canon law are known to have been brought into existence before 1150. III. In the first millennium of the Roman Church, the canons of various ecumenical and local councils were supplemented with decretals of the popes; these were gathered together into collections. “Collectio trium partium”, the “Decretum”, especially the “Panormia”, a short compilation in eight books, extracted from the preceding two works, and widely used. (7) To conclude the list of collections, where the later canonists were to garner their materials, we must mention the “Penitentials” (q.v. When we speak of a "canonist", we refer to a specialist in internal laws of the Catholic Church. Dr. Edward N. Peters argues that the ius novissimum actually started with the Liber Extra of Gregory IX in 1234. Canon law is also called “ecclesiastical law” (jus ecclesiasticum); however, strictly speaking, there is a slight difference of meaning between the two expressions: canon law denotes in particular the law of the “Corpus Juris”, including the regulations borrowed from Roman law; whereas ecclesiastical law refers to all laws made by the ecclesiastical authorities as such, including those made after the compiling of the “Corpus Juris” (Sagmiiller, “Kirchenrecht”, 3). Their activity is exercised in its most solemn form by the ecumenical councils, where the episcopate united with its head, and convoked and presided over by him, with him defines its teaching and makes the laws that bind the whole Church. Growing up Catholic, on the other hand, means growing up with almost no appreciation of how extensively canon law, the internal legal system of the Catholic Church, affects our daily life of faith. The five books, the subject matter of which is recalled by the well-known verse: “judex, judicium, clerus, connubia, crimen” (i.e. The academic degrees in canon law are the J.C.B. Almost all the Western collections, therefore, are based on the same texts as the Greek collection, hence the marked influence of that collection on Western canon law. The Latin version of the ancient Greek councils was known, but was not adopted as ecclesiastical law. Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the pope—while particular laws derive formal authority from promulgation by a legislator inferior to the supreme legislator, whether an ordinary or a delegated legislator. It was increased later by the addition of the canons of Constantinople (381), with other canons attributed to it, those of Ephesus (431), Chalcedon (451), and the Apostolic canons. outside of, or extraneous to, the official collections. V, tit. The five collections thus made between 1190 and 1226 (see Papal Decretals) and which were to serve as the basis for the work of Gregory IX, mark a distinct step forward in the evolution of canon law: whereas Gratian had inserted the texts in his own treatise, and the canonists wrote their works without including the texts, we have now compilations of supplementary texts for the purpose of teaching, but which nevertheless remain quite distinct; in addition, we at last find the legislators taking part officially in editing the collections. Catholic Canon Law (1896) Ecclesiastical Vestments: Their Development & History. PART I : CHRIST'S FAITHFUL (Cann. ); in the nineteenth century we must mention the different writings of Dominique Bouix, 15 volumes, Paris, 1852 sq. This subject will be treated under the following heads: I. subject Notion and Divisions. It is well known that diocesan statutes are not referred to the sovereign pontiff, whereas the decrees of provincial councils are submitted for examination and approval to the Holy See (Const.”Immensa” of Sixtus V, January 22, 1587). Canon law - Canon law - History: The early church was not organized in any centralized structure. Thus joined together these two collections became the canonical code of the Roman Church, not by official approbation, but by authorized practice. But, while compilations of texts and official collections were available for Roman law, or “Corpus juris civilis”, Gratian had no such assistance. 793 §1. (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). (8) The collection of Cardinal Gregory, called by him “Polycarpus“, in eight books, written before 1120, yet unedited. It comprises two parts: the councils and the decretals; the councils are arranged in four sections: the East, Africa, Gaul, Spain, and chronological order is observed in each section; the decretals, 104 in number, range from Pope St. Damasus to St. Gregory (366-604). Canon Law as a Science. (An abridged edition of this “Liber Septimus” of Clement VIII was published by M. Sentis, Freiburg, 1870.) We may here recall again that the “Decretum” of Gratian is not a codification, but a privately compiled treatise; further, that the building up of a general system of canon law was the work of the canonists, and not of the legislative authorities as such. From this we may learn the position of canon law in the hierarchy of sciences. Only Pope Francis can change the Code of Canon Law, so if you're not happy with what the law says, please take it … (7) The collection of Bonizo, Bishop of Sutri, in ten books, written after 1089, still unedited. This is also true of the great collection of “Decretals” of Gregory IX (see and Corpus Juris Canonici). On the other hand, official or authentic collections are those that have been made or at least promulgated by the legislator. In spite of its defects, the system had at least the merit of being official; not only was it adopted in the latter collections, but it served as the basis for almost all canonical works up to the sixteenth century, and even to our day, especially in the universities, each of which had a faculty of canon law. The Supreme Legislator is. 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. (3) If we consider the subject matter of the law, we have the public law (jus publicum) and private law (jus privatum). Introduction to Canon Law Class Notes (1)-1. Canon 1398 is a rule of canon law of the Catholic Church which declares that "a person who procures a completed abortion incurs a latae sententiae (automatic) excommunication." But the canonical movement, so active after Gratian’s time, has ceased forever. 771: "Ius canonicum", Vere & Trueman, "Surprised by Canon Law" [volume 1], pg. The school forms a community of men and women with the vocation of serving the Church – both practitioners of the law in teaching and advising, and men and women acquiring both theoretical knowledge and practical experience of the law. , The Oriental canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the Codex Canonum Ecclesiarum Orientalium promulgated in 1990 by Pope John Paul II. His 2-part collection, a chronological collection of synodal canons and his nomocanon revision with updated civil laws, became a classical source of ancient canon law for the Greek Church.. The civil law of different nations, and especially the Roman law, may be numbered among the accessory sources of canon law. 1832. It begins early in the fourth century: in the different provinces of Asia Minor, to the canons of local councils are added those of the ecumenical Council of Nicaea, (325), everywhere held in esteem. Trid., Sess. nova collect.”, VI, app. 1) a law is a reasonable ordinance for the common good, promulgated by the head of the community. I. (9) In France we must mention the small collection of Abbo, Abbot of Fleury (d. 1004), in fifty-two chapters, in P.L., CXXXIX; and especially (10) the collections of Ives, Bishop of Chartres (d. 1115 or 1117), i.e. The School of Bologna had just revived the study of Roman law; Gratian sought to inaugurate a similar study of canon law. The influence of this collection, in the form it assumed about the middle of the ninth century, when the False Decretals were inserted into it, was very great. It is true that the disciplinary and legislative power of the popes has not always, in the course of centuries, been exercised in the same manner and to the same extent, but in proportion as the administration became centralized, their direct intervention in legislation became more and more marked; and so the sovereign pontiff is the most fruitful source of canon law; he can abrogate the laws made by his predecessors or by ecumenical councils; he can legislate for the whole church or for a part thereof, a country or a given body of individuals; if he is morally bound to take advice and to follow the dictates of prudence, he is not legally obliged to obtain the consent of any other person or persons, or to observe any particular form; his power is limited only by Divine law, natural and positive, dogmatic and moral. After the Second Ecumenical Council of the Vatican (Vatican II) closed in 1965, it became apparent that the Code would need to be revised in light of the documents and theology of Vatican II. ), (Latin, updated with post-promulgation legislative revisions. At the time of the invasion of the Vandals, the canonical code of the African Church comprised, after the canons of Nicaea, those of the Council of Carthage under Bishop Gratus (about 348), under Genethlius (390), of twenty or twenty-two plenary councils under Aurelius (from 393 to 427), and the minor councils of Constantinople. B. Luca (d. 1683), whose immense “Theatrum veritatis” and “Relatio curiae romance” are his most important works; Pignatelli, who has touched on all practical questions in his “Consultations canonicae”, 11 folio volumes, Geneva, 1668; Prospero Lambertini (Pope Benedict XIV), perhaps the greatest canonist since the Council of Trent (q.v. For local law we have provincial councils and diocesan statutes. The juridical influence of Teutonic law was much less important, if we abstract from the inevitable adaptation to the customs of barbarous races, yet some survivals of this law in ecclesiastical legislation are worthy of note: the somewhat feudal system of benefices; the computation of the degrees of kindred; the assimilating of the penitential practices to the system of penal compensation (wehrgeld); finally, but for a time only, justification from criminal charges on the oath of guarantors or cojurors (De purgatione canonica, lib. Juridical, historical, and above all theological sciences are most useful for the comprehensive study of canon law. It includes a selection of papal constitutions, from Sixtus IV to Sixtus V (1471-1590), but not the decrees of the Council of Trent. The study of canon law presupposes a theological foundation. Gratian’s “Decretum” was a wonderful work; welcorned, taught and glossed by the decretists at Bologna and later in the other schools and universities, it was for a long time the text-book of canon law. 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. The official interpretation alone has the force of law. Canon law may be divided into various branches, according to the points of view from which it is considered: (I) If we consider its sources, it comprises Divine law, including natural law, based on the nature of things and on the constitution given by Jesus Christ to His Church; and human or positive law, formulated by the legislator, in conformity with the Divine law. Under such circumstances custom can create or rescind a legal obligation, derogate from a law, interpret it, etc. the impediment of marriage arising from adoption. They treated successively of the depositaries of authority, procedure, the clergy and the things pertaining to them, marriage, crimes and penalties. In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the Church's hierarchical authorities to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church.  Fundamental theory is a newer discipline that takes as is object "the existence and nature of what is juridical in the Church of Jesus Christ. This exceptional law is often referred to as a privilege (privilegium, lex vrivata), though the expression is applied more usually to concessions made to an individual. School manuals in one or two volumes are very numerous and it is impossible to mention all. 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). Several Roman Congregations have also had their acts collected in official publications; but these are rather erudite compilations or repertories. " The discipline seeks to better explain the nature of law in the church and engages in theological discussions in post-conciliar Catholicism and seeks to combat "postconciliar antijuridicism".. The plan of the “Institutiones”, in imitation of Lancelotti (Perugia, 1563), has been followed by very many canonists, among whom the principal are: the learned Antonio Agustin, Archbishop of Tarragona, “Epitome juris pontificii veteris” (Tarragona, 1587); his “De emendation Gratiani dialogorum libri duo” (Tarragona, 1587), is worthy of mention; Claude Fleury, “Institution au droit ecclesiastique” (Paris, 1676); Zeger Bernard van Espen, “Jus ecclesiasticum universum” (Cologne, 1748); the Benedictine Dominic Schram, “Institutiones juris ecclesiastici” (Augsburg, 1774); Vincenzo Lupoli, “Juris ecclesiastici praelectiones” (Naples, 1777); Giovanni Devoti, titular Archbishop of Carthage, “Institutionum canonicarum libri quatuor” (Rome, 1785); his “Commentary on the Decretals” has only the first three books (Rome, 1803); Cardinal Soglia, “Institutiones juris private et publici ecclesiastici” (Paris, 1859) and “Institutiones juris publici”, (Loreto, 1843); D. Craisson, Vicar-General of Valence, “Manuale compendium totius juris canonici” (Poitiers, 1861). This Christian Divine law, if we may so call it, is found in the Gospels, in the Apostolic writings, in the living Tradition, which transmits laws as well as dogmas. Without suppressing the law, the legislator can permanently exempt from it certain persons or certain groups, or certain matters, or even extend the rights of certain subjects; all these concessions are known as privileges (q.v.). The science of canon law, i.e. We may liken to bishops in this matter various bodies that have the right of governing themselves and thus enjoy a certain autonomy; such are prelates with territorial jurisdiction, religious orders, some exempt chapters and universities, etc. The “Decretum” and the “Panormia” are in P.L., CLXI. judge, judgment, clergy, marriages, crime), did not display a very logical plan; not to speak of certain titles that were more or less out of place. Modern law has only a restricted and local influence on canon law, and that particularly on two points. In canon law custom has become almost like a legislator; not in the sense that the people are made their own lawgiver, but a practice followed by the greater part of the community, and which is reasonable and fulfils the legal requirements for prescription and is observed as obligatory, acquires the force of law by at least the tacit consent of the legislator.  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).. Numerous texts of such origin are found in the ancient canonical collections. This codification is referred to as the 1983 Code of Canon Law to distinguish it from the 1917 Code. It will suffice to mention the two “systematic” collections of Fulgentius Ferrandus and Cresconius (q.v.). The “Decretum” of Gratian: the Decretists.—The “Concordantia discordantium canonum”, known later as “Decretum”, which Gratian published at Bologna about 1148, is not, as we consider it today, a collection of canonical texts, but a general treatise, in which the texts cited are inserted to help in establishing the law. Can.  In relation to the Code, history can be divided into the ius vetus (all law before the 1917 Code) and the ius novum (the law of the code, or ius codicis). Whatever may be said about the forms used in the past, today the promulgation of general ecclesiastical laws is effected exclusively by the insertion of the law in the official publication of the Holy See, the “Acta Apostolicae Sedis”, in compliance with the Constitution “Promulgandi”, of Pius X, dated September 29, 1908, except in certain specifically mentioned cases. , In one of his elaborate orations in the United States Senate Mr. Charles Sumner spoke of “the generous presumption of the common law in favor of the innocence of an accused person"; yet it must be admitted that such a presumption cannot be found in Anglo-Saxon law, where sometimes the presumption seems to have been the other way. On the other hand, in too many seminaries the teaching of ecclesiastical law is not sufficiently distinguished from that of moral theology. Canon Law is a code of ecclesiastical laws governing the Catholic Church. (See Collections of Ancient Canons.) Its original elements consist of the Spanish councils from Elvira (about 300) to the Seventeenth Council of Toledo in 694. ABORTION (CANON LAW) The Catholic Church has long considered abortion to be not only a grave moral evil but also a crime punishable by canonical sanctions. From the days of Ethelbert onwards [say, from the year 600], English law was under the influence of so much of Roman law as had worked itself into the traditions of the Catholic Church. Normally, canon law isn’t in the spotlight; however, it effects every Catholic whether they know it or not. 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. Ecclesiastical Law. 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. 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.  In 1234 Pope Gregory IX promulgated the first official collection of canons, called the Decretalia Gregorii Noni or Liber Extra. (6) We have to distinguish between the law of the Western or Latin Church, and the law of the Eastern Churches, and of each of them. Photius compiled systematically the canons of the East which amount to a counterpart of Gratian in the West. Canonists have formulated interpretive rules of law for the magisterial (non-legislatorial) interpretation of canonical laws. Dr. Kenneth J. Pennington, Ph.D., CL701, CUA School of Canon Law, Can. Many times during the nineteenth century, especially at the time of the Vatican Council (Collectio Lacensis, VII, 826), the bishops had urged the Holy See to draw up a complete collection of the laws in force, adapted to the needs of the day. The third canonical period, known as the ius novissimum ("newest law"), stretches from the Council of Trent to the promulgation of the 1917 Code of Canon Law which took legal effect in 1918. Can. Collections of this kind were found only in Eastern law. or higher are usually called "canonists" or "canon lawyers". They advance, nevertheless, especially when to the bare texts they add their own opinions and ideas. (Iuris Canonici Baccalaureatus, Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. Further it is the disciplinary decisions of the bishops of the various regions that form the first nucleus of local canon law; these texts, spreading gradually from one country to another by means of the collections, obtain universal dissemination and in this way are the basis of general canon law. (5) The collection of Cardinal Deusdedit, dedicated to Pope Victor III (1087), it treats of the primacy of the pope, of the Roman clergy, ecclesiastical property, immunities, and was edited by Martinucci in 1869, more recently and better by Wolf von Glanvell (1905). (Adjective form is canonical.) Catholic ministers administer the sacraments licitly to Catholic members of the Christian faithful alone, who likewise receive them licitly from Catholic ministers alone, without prejudice to the prescripts of §§2, 3, and 4 of this canon, and can. The interpretation is “official” (authentica) or even “necessary”, when it is given by the legislator or by some one authorized by him for that purpose; it is “customary”, when it springs from usage or habit; it is “doctrinal”, when it is based on the authority of the learned writers or the decisions of the tribunals. Such also is the case of the Concordat (q.v.) Contrasted with the imperial or Caesarian law (jus caesareum), canon law is sometimes styled pontifical law (jus pontificium), often also it is termed sacred law (jus sacrum), and sometimes even Divine law (jus divinum: c. 2, De privil. But, without infringing on the ordinary power of the bishops, the pope, as head of the episcopate, possesses in himself the same powers as the episcopate united with him. However, in proportion as the written canon law increased, Roman law became of less practical value in the Church (cap.  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