Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.
|
See also:CANON See also:LAW
.
See also:Canon See also:law, See also:jus canonicum, is the sum of the See also:laws which regulate the ecclesiastical See also:body; for this See also:reason it is also called ecclesiastical law, jus ecclesiasticum
.
It is also referred to under the name of canones, sacri canones, a See also:title of See also:great antiquity, for the Kavoves, regulae, were very See also:early distinguished from the See also:secular laws, the v6 tot, leges
.
The word Kaviav, canon, has been employed in ecclesiastical literature in several different senses (see CANON above)
.
The worn disciplinary decisions of the See also:council of See also:Nicaea, for "canon." example (can
.
1, 2, &c.), employ it in the sense of an Different established See also:rule, ecclesiastical in its origin and in its meanings. See also:object
.
But the expression is most frequently used to designate disciplinary laws, in which See also:case canons are distinguished from dogmatic See also:definitions
.
With regard to See also:form, the decisions of See also:councils, even when dogmatic, are called canons; thus the definitions of the council of See also:Trent or of the Vatican, which generally begin with the words " Si quis dixerit," and end with the See also:anathema, are canons; while the See also:long chapters, even when dealing withmattersof discipline, retain the name of chapters or decrees
.
Similarly, it has become customary to give the name of canons to the texts inserted in certain canonical compilations such as the Decretum of See also:Gratian, while the name of chapters is given to the analogous quotations from the Books of the See also:Decretals
.
It is merely a question of words and of usage
.
As to the expression jus canonicum, it implies the systematic codification of ecclesiastical legislation, and had no existence previous to the labours which resulted in the Corpus See also:juris canonici
.
Canon law is divided into public law and private law; the former is concerned with the constitution of the See also: This See also:division, which has been found convenient for the study of canon law, has no precedent in the collections of texts . With regard to the texts now in force, the name of jus antiquum, See also:ancient law, has been given to the laws previous to the Corpus juris canonici; the legislation of this Corpus has been called jus novum, new law; and finally, the name of See also:recent law, jus novissimum, has been given to the law established by the council of Trent and subsequent papal constitutions . There is a further distinction between the written law, jus scriptum, laws made by the councils or popes, which are to be found in the collections, and the unwritten law, jus non scriptum, a body of See also:practical rules arising rather from natural See also:equity and from See also:custom than from formal laws; with this is connected the customary law . In the Church, as in other See also:societies, it has happened that the unwritten customary law has undergone a See also:gradual diminution in importance, as a consequence of centralization and the See also:accumulation of written laws; nowadays it need not be reckoned with, See also:save in cases where See also:local customs are involved . The See also:common law is that which is intended to regulate the whole body; See also:special or local law is that which is concerned with certain districts or certain categories of persons, by derogation from or addition to the common law . By the See also:sources or authors of the canon law are meant the authorities from which it is derived; they must obviously be of such a nature as to be binding upon the whole religious body, or at least upon a specified portion of it .. In the highest See also:rank must be placed See also:Christ and the Apostles, whose v . 7dispositions for the constitution and See also:government of the Church are contained in the New Testament, completed by tradition; for the Church did not accept the disciplinary and See also:ritual -See also:pro-visions of the Old Testament as binding upon her (see Acts xi., xv.) . To the apostles succeeded the episcopal body, with its See also:chief the See also:bishop of See also:Rome, the successor of St . See also:Peter, whose legislative and disciplinary See also:power, by a See also:process of centralization, underwent a slow but uninterrupted development . It is then to the episcopate, assembled in ecumenical council, and to its chief, that the See also:function of legislating for the whole Church belongs; the inferior authorities, local councils or isolated bishops and prelates, can only make special laws or statutes, valid only for that See also:part of the Church under their See also:jurisdiction . Most of the canons, however, which constitute the ancient law, and notably those which appear in the Decretum of Gratian, emanate from local councils, or even from individual bishops; they have found a See also:place in the common law because the collections of canons, of which they formed the most notable part, have been everywhere adopted . Having made these See also:general observations, we must now consider the See also:history of those texts and collections of canons which to-See also:day form the ecclesiastical law of the Western Church: (1) up to the Decretum of Gratian, (2) up to the council of Trent, (3 and 4) up to the See also:present day, including the codification ordered by See also:Pius X . 1 . From the Beginning to the Decretum of Gratian.—At no See also:time, and least of all during the earliest centuries, was there any See also:attempt to draw up a See also:uniform See also:system of legislation for the whole of the See also:Christian Church . - The various communities ruled them-selves principally according to their customs and traditions, which, however, possessed a certain uniformity resulting from their See also:close connexion with natural and divine law . Strangely enough, those documents which See also:bear the greatest resemblance to a small collection of canonical regulations, such as the See also:Didache, the Didascalia and the Canons of See also:Hippolytus, have not been retained, and find no place in the collections of canons, doubtless for the reason that they were not See also:official documents . Even the See also:Apostolical Constitutions (q.v.), an expansion of the Didache and the Didascalia, after exercising a certain amount of See also:influence, were rejected by the council in Trullo (692) . Thus the only pseudo-epigraphic document preserved in the law of the See also:Greek Church is the small collection of the eighty-five so-called "Apostolic Canons " (q.v.) . The compilers, in their several collections, gathered only occasional decisions, the outcome of no pre-determined See also:plan, given by councils or by certain great bishops . These compilations began in the See also:East . It appears that in several different districts canons made by the local assemblies' were added to those of the council of Nicaea which were everywhere accepted and observed . The first example seems to be that of the See also:province of See also:Pontus, where after the twenty canons of Nicaea were placed the twenty-five canons of the council of See also:Ancyra (.314), and the fifteen of that of Neocaesarea (315-320) . These texts were adopted at See also:Antioch, where there were further added the twenty-five canons of the so-called council in encaeniis of that See also:city (341) . Soon after-wards, See also:Paphlagonia contributed twenty canons passed at the council of Gangra (held, according to the Synodicon orientale, in 343),2 and See also:Phrygia fifty-nine canons of the See also:assembly of See also:Laodicea (345-381?), or rather of the compilation known as the See also:work of this council.' The collection was so well and so widely known that all these canons were numbered in sequence, and thus at the council of See also:Chalcedon (451) several of the canons of Antioch were read out under the number assigned to them in the collection of, the whole . It was further increased by the ' The councils which we are about to mention, up to the 9th See also:century, have been published several times, notably in the great collections of See also:Hardouin, Mansi, &c.; they will be found brought together in one small See also:volume in Bruns, Canones apostolorum et conciliorum (See also:Berlin, 1839) . 2 The date of this council was formerly unknown; it is ascribed to 343 by the See also:Syriac Nestorian collection recently published by M . See also:Chabot, Synodicon Orientale, p . 278, See also:note 4 . See Boudinhon, " Note sur le concile de Laodicee," in the See also:Corn See also:pie rendu du premier congres See also:des savants catholiques a See also:Paris, 1888 (Paris, 1889), vol. ii. p . 420 . Sr Sources . Greek collection . twenty-eight (See also:thirty) canons of Chalcedon; about the same time were added the four canons of the council of See also:Constantinople of 381, under the name of which also appeared three (or seven) other canons of a later date . Towards the same date, also, the so-called " Apostolic Canons " were placed at the See also:head of the See also:group . Such was the See also:condition of the Greek collection when it was translated and introduced into the See also:West .
In the course of the 6th century the collection was completed by the addition of documents already in existence, but which had hitherto remained isolated, notably the canonical letters of several great bishops, See also:Dionysius of See also:Alexandria, St See also:Basil and others
.
It was at this time that the Latin collection of Dionysius Exiguus became known; and just as he had given the Greek councils a place in his collection, so from him were borrowed the canons of councils which did not appear in the Greek collection—the twenty canons of See also:Sardica (343), in the Greek See also:text, which differs considerably from the Latin; and the council of See also:Carthage of 419, which itself included, more or less completely, in 105 canons, the decisions of the See also:African councils
.
Soon after came the council in Trullo (692), also called the Quinisextum, because it was considered as complementary to the two councils (5th and 6th ecumenical) of Constantinople (553 and 68o), which had not made any disciplinary canons
.
This assembly elaborated 102 canons, which did not become part of the Western law till much later, on the initiative of See also:Pope See also: While, from the 5th century onwards a certain unification in the ecclesiastical law began to take place ' For the further history of the law of the Greek Church and that of the Eastern Churches, see Wring, Kirchenrecht, §§ 14-183 (ed . 1893) . The See also:Russian Church, as we know, adopted the Greek ecclesiastical law.within the See also:sphere of the see of Constantinople, it was not till later that a similar result was arrived at in the West . For several centuries there is no mention of any but local collections of canons, and even these are not found till the 5th century; we have to come down to the 8th or even the 9th century before we find any trace of unification . This process was uniformly the result of the passing on of the various collections from one region to another . The most remarkable, and the most homogeneous, as well as without doubt the most ancient of these local collections is that of the Church of Africa . It was formed, so to speak, Africa. automatically, owing to the plenary assemblies of the African episcopate held practically every See also:year, at which it was customary first of all to read out the canons of the previous councils . This gave to the collection an official See also:character . At the time of the Vandal invasion this collection comprised the canons of the council of Carthage under Gratus (about 348) and under Genethlius (39o), the whole series of the twenty or twenty-two plenary councils held during the episcopate of Aurelius, and finally, those of the councils held at Byzacene . Of the last-named we have only fragments, and the series of the councils under Aurelius is very incomplete . The African collection has not come to us directly: we have two incomplete and confused arrangements of it, in two collections, that of the Hispana and that of Dionysius Exiguus . Dionysius knows only the council of 419, in connexion with the affair of Apiarius; but in this single text are reproduced, more or less fully, &'most all the synods of the collection; this was the celebrated See also:Con-cilium Africanum, so often quoted in the See also:middle ages, which was also recognized by the Greeks .
The See also:Spanish collection divides the African canons among seven councils of Carthage and one of Mileve; but in many cases it ascribes them to the wrong source; for example, it gives under the title of the See also:fourth council of Carthage, the Statuta Ecclesiae antiqua, an Arlesian compilation of See also:Saint Caesarius,. which has led to a number of incorrect references
.
Towards the middle of the 6th century a Carthaginian See also:deacon, See also:Fulgentius Ferrandus, drew up a Breviatio canonum,2 a methodical arrangement of the African collection, in the order of the subjects
.
From it we learn that the canons of Nicaea and the other Greek councils, up to that of Chalcedon, were also known in Africa
.
The See also:Roman Church, even more than the See also:rest, governed itself according to it; own customs and traditions
.
Up to the end of the 5th century the only canonical document of See also:Roma non-Roman origin which it officially recognized was
the group of canons of Nicaea, under which name were also included those of Sardica
.
A Latin version of the other Greek councils (the one referred to by Dionysius as prisca) was known, but no canonical use was made of it
.
The local law was founded on usage and on the papal letters called decretals
.
The latter were of two kinds: some were addressed to the bishops of the ecclesiastical province immediately subject to the pope; the others were issued in See also:answer to questions submitted from various quarters; but in both cases the See also:doctrine is the same
.
At the beginning of the 6th century the Roman Church adopted the See also:double collection, though of private origin, which was See also:drawn up at that time by the See also: This 2 Edited by See also:Pierre See also:Pithou (Paris, 1588), and later by Chifflet, Falb . Frrrandi See also:opera (See also:Dijon, 1694); reproduced in See also:Migne, Pate . See also:Lat. vol . 67, See also:col . 949 . Nomocanon . In the West . Dlonyslus Exiguus and his collection . embodied the documents containing the local law, namely 39 decretals of the popes from See also:Siricius (384-398) to See also:Anastasius II . (496-498) . As was natural this collection received successive additions as further decretals appeared . The collection formed by combining these two parts remained the only official See also:code of the Roman Church until the labours undertaken in consequence of the reforming See also:movement in the rrth century .
In 774 Pope
See also:Adrian I. gave the twofold collection of the Scythian monk
to the future See also:emperor See also:Charlemagne as the canonical See also:book of the
Roman Church; this is what is called the Dionysio-Hadriana
.
This was an important See also:stage in the history of the centralization
of canon law; the collection was officially received
t)loaysio- b the Frankish Church, imposed b the council of
Hadriana
.
Y by
See also:Aix-la-Chapelle of 802, and from that time on was recognized and quoted as the See also:liber canonum
.
If we consider that the Church of Africa, which had already suffered considerably from the Vandal invasion, was at this See also:period almost entirely destroyed by the See also:Arabs, while the See also:fate of See also:Spain was but little better, it is easy to see why the collection of Dionysius became the code of almost the whole of the Western Church, with the exception of the Anglo-Saxon countries; though here too it was known
.
The other collections of canons, of See also:Italian origin, compiled before the loth century, are of importance on See also:account of the documents which they have preserved for us, but as they have' not exercised any great influence on the development of canon law, we may pass them over
.
The Dionysio-Hadriana did not, when introduced into See also:Gaul,
take the place of any other generally received collection of
In Gaul. canons
.
In this See also:country the Church had not been
centralized See also:round a See also:principal see which would have
produced unity in canon law as in other things; even the
See also:political territorial divisions had been very unstable
.
The only
canonical centre of much activity was the Church of See also:Arles,
Nhich exercised considerable influence over the surrounding
region in the 5th and 6th centuries
.
The chief collection known
throughout Gaul before the Dionysio-Hadriana was the so-
called collection of See also:Quesnel, named after its first
Quesnel
co/See also:lection. editor.' It is a See also:rich collection, though badly arranged
,
and contains 98 documents—Eastern and African canons and papal letters, but no Gallic councils; so that it is not a collection of local law
.
We might expect to find such a collection, in view of the numerous and important councils held in Gaul; but their decisions remained scattered among a great number of collections none of which had ever a wide circulation or an official character
.
It would be impossible to enumerate here all the Gallic councils which contributed towards the canon law of that country; we councils. will mention only the following: Arles (314), of great
importance; a number of councils in the See also:district of Arles, completed by the Statuta Ecclesiae antiqua of St Caesarius; 2 the councils of the province of See also:Tours; the assemblies of the episcopate of the three kingdoms of the Visigoths at See also:Agde (5o6), of the See also:Franks at See also:
In Spain the case, on the contrary, is that of a strong centralization round the see of See also:Toledo
.
Thus we find Spanish canon law In Spain. embodied in a collection which, though perhaps not
official, was circulated and received everywhere; this was the Spanish collection, the Hispana.3 The collection is well put together and includes almost all the important
' Published by Quesnel in his editio; of the See also:works of St See also:Leo, vol. ii
.
(Paris, 1675) ; reproduced by the '"others Ballerini, with learned See also:dissertations, Opera S
.
Leonis, vol. iii
.
, Migne, P.L
.
56
.
2 Malnory, Saint Cesaire d'Arles (Paris, 1894)
.
Collectio canonum Ecclesiae Hispanae (See also:Madrid, 18o8); reproduced in Migne, P.L
.
84.canonical documents
.
In the first part are contained the councils, arranged according to the regions in which they were held: Greek councils, following a translation of Italian origin, but known by the name of Hispana; African councils,
Gallican councils and Spanish councils
.
The latter, The
Hispana
which form the local See also:section, are further divided into
several classes: firstly; the synods held under the Roman See also:empire, the chief being that of See also:Elvira 4 (c
.
300); next the texts belonging to the See also:kingdom of the Suevi, after the See also:conversion of these barbarians by St See also: Nearly all these councils were held at Toledo, beginning with the great council of 589 . The series continued up to 694 and was only interrupted by the Mussulman invasion . Finally, the second part of the Hispana contains the papal decretals, as in the collection of Dionysius . From the middle of the 9th century this collection was' to become even more celebrated; for, as we know, it served as the basis for the famous collection of the False Decretals . The Churches of Great See also:Britain and See also:Ireland remained still longer outside the centralizing movement . Their contribution towards the later system of canon law consisted in Great two things: the Penitentials and the influence of the Britain Irish collection, the other sources of local law not and having been known to the predecessors of Gratian Ireland. nor to Gratian himself . The Penitentials 5 are collections intended for the guidance of confessors in estimating the penances to be imposed for various sins, according to the discipline in force in the Anglo- Peniten Saxon countries . They are all of Anglo-Saxon or tials . Irish origin, and although certain of them were com- piled on the See also:continent, under the influence of the See also:island missionaries, it seems quite certain that a Roman See also:Penitential has never existed.6 They are, however, of difficult and uncertain ascription, since the collections have been largely amended and remodelled as practice required . Among the most important we may mention those bearing the names of Vinnianus (d . 589), See also:Gildas (d . 583), See also:Theodore of See also:Canterbury (d .
69o), the See also:Venerable See also:Bede (d
.
735) and Egbert of See also:York (732-767); the Penitentials which are ascribed to St Columbanus, the founder of Luxeuil and See also:Bobbio (d
.
615), and Cumean (Cumine Ailbha, See also: (1901), pp . 289-317, and vol. vii., 1902, pp . 59-70 and 121-127 . ' In Migne, P.L . 105, col . 651 . 6 Edited by Wasserschleben (See also:Giessen, 1874) . See also P . Fournier, " De l'influence de la collection irlandaise sur la formation des collections canoniques," in Nouvelle Revue historigue de See also:droit fran-4ais et itranger, vol. See also:xxiii, note I, In the very middle of the 9th century a much enlarged edition of the Hispana began to be circulated in See also:France . To this rich collection the author, who assumes the name of Isidore, The false the saintly bishop of See also:Seville, added a See also:good number decreta/s of apocryphal documents already existing, as well as a series of letters ascribed to the popes of the earliest centuries, from See also:Clement to See also:Silvester and See also:Damasus inclusive, thus filling up the See also:gap before the decretal of Siricius, which is the first genuine one in the collection . The other papal letters only rarely show signs of alteration or falsification, and the text of the councils is entirely respected) . From the same source and at the same date came two other forged documents—firstly, a collection of Capitularies, in three books, ascribed to a certain See also:Benedict (See also:Benedictus Levita),2 a deacon of the church of Mainz; this collection, in which See also:authentic documents find very little place, stands with regard to civil legislation exactly in the position of the False Decretals with regard to canon law . The other document, of more limited See also:scope, is a group of Capitula given under the name of Angilram, bishop of See also:Metz . It is now- adays admitted by all that these three collections come from the same source . For a study of the See also:historical questions connected with the famous False Decretals, see the See also:article DECRETALS (FALSE); here we have only to consider them with reference to the place they occupy in the formation of ecclesiastical law . In spite of some hesitation, with regard rather to the official character than to the historical authenticity of the letters attri- buted to the popes of the earlier centuries, the False Decretals were accepted with confidence, together with the authentic texts which served as a See also:passport for them . All later collections availed themselves indiscriminately of the contents of this vast collection, whether authentic or forged, without the least suspicion . The False Decretals did not greatly modify nor corrupt the Canon Law, but they contributed much to accelerate its progress towards unity . For they were the last of the chrono- logical collections, i.e. those which give the texts in the order in which they appeared . From this time on, canonists began Syste- to exercise their individual See also:judgment in arranging matte their collections according to some systematic order, cotiec- grouping their materials under divisions more or less eons. happy, according to the object they had in view . This was the beginning of a codification of a common canon law, in which the sources drawn upon lose, as it were, their local character . This is made even more noticeable by the fact that, in a good number of the works extant, the author is not content merely to set forth and classify the texts; but he proceeds to discuss the point, See also:drawing conclusions and sometimes outlining some controversy on the subject, just as Gratian was to do more fully later on . During this period, which extended from the end of the 9th century to the middle of the 12th, we can enumerate about See also:forty systematic collections, of varying value and circulation, which all played a greater or lesser part in preparing the juridical See also:renaissance of the 12th century, and most of which were utilized by Gratian . We need mention only the chief of them —the Collectio Anselmo dedicata, by an unknown author of the See also:Regina end of the 9th century; the Libri duo de synodalibus causis et disciplinis ecclesiasticis,3 compiled about 906 by Regino, abbot of Prum, and dedicated to Hatto of Mainz, relatively a very original See also:treatise; the enormous compilation Burchard. in twenty books of Burchard, bishop of See also:Worms (1112- 1122), the Decretum or Collectarium,4 very widely spread and known under the name of Brocardum, of which the 19th book, dealing with the process of See also:confession, is specially noteworthy . Towards the end of the nth century, under the 1 The collection of the False Decretals has been published with a long See also:critical introduction by P . See also:Hinschius, Decretales Pseudo-Isidorianae et capitula Angilramni (See also:Leipzig, 1863) . For the rest of the bibliography, see DECRETALS (FALSE) . 2 The latest edition is in See also:Pertz, Monumenta Germaniae, vol. ii. part ii . Edited by Wasserschleben (Leipzig, 184o) ; reproduced by Migne, P.L . 132 . ' Edited several times; in Migne, P.L . 140.influence of See also:Hildebrand, the reforming movement makes itself See also:felt in several collections of canons, intended to support the rights of the See also:Holy See and the Church against the pretensions of the emperor . To this group belong an See also:anonymous collection, described by M . P . Fournier as the first See also:manual of the Reform; 5 the collection of See also:Anselm, bishop of See also:Lucca,6 in 13 books (io8o-ro86); that of See also:Cardinal Deusdedit,7 in books dedicated to See also:Poe See also:Victor III. x086-108 Anselm 4 ~ p ( 7) ; Deusdedlt and lastly that of Bonizo,3 bishop of See also:Sutri, in ro books (x089) . In the 12th century, the canonical works of Ivo of Chartres9 are of great importance . His Panormia, compiled about 1095 or x096, is a handy and well-arranged collection in 8 books; as to the Decretum, a weighty Ch of Ivo See also:Chartres . compilation in 19 books, there seems sufficient See also:proof that it is a collection of material made by Ivo in view of his Panormia . To the 12th century belong the collection in the MS. of See also:Saragossa (Caesaraugustana) to which See also:attention was drawn by See also:Antonio Agustin; that of Cardinal Gregory, called by him the Polycarpus, in 8 books (about 1115); and finally the Liber de misericordia et justitia of Algerus,10 scholasticus of See also:Liege, in 3 books, compiled at latest in 1123 . But all these works were to be superseded by the Decretum of Gratian . 2 . The Decretum of Gratian and the Corpus Juris Canonici.—The work of Gratian, though prepared and made possible by those of his predecessors, greatly surpasses them in The scientific value and in magnitude . It is certainly Deeretum the work which had the greatest influence on the of See also:Grattan. formation of canon law; it soon became the See also:sole manual, both for teaching and for practice, and even after the publication of the Decretals was the chief authority in the See also:universities . The work is not without its faults; Gratian is lacking in historical and critical See also:faculty; his theories are often hesitating; but on the whole, his treatise is as See also:complete and as perfect as it could be; so much so that no other work of the same kind has been compiled; just as there has never been made another Book of the Sentences . These two works, which were almost contemporary (Gratian is only about two years earlier)," were destined to have the same fate; they were the manuals, one for theology, the other for canon law, in use in all the universities, taught, glossed and commented on by the most illustrious masters . From this period See also:dates the more marked and definitive separation between theology and ecclesiastical law . Of Gratian we know practically nothing . He was a Camaldulensian monk of the See also: |