the subject liable to penal sanctions (cann. ECCLESIASTICAL Law.—The sources of canon law, and the canonical writers, give us, it is true, rules of action, each with its specific object. Towards the year 500 Dionysius Exiguus compiled at Rome a double collection, one of the councils, the other of decretals, i.e. The first commentators are called the “Decretists”. (Mainz, 1717); Vitus Pichler, a Jesuit, the successor of Schmalzgrueber, “Summa jurisprudentiae sacrae” (Augsburg, 1723); Eusebius Amort, a Canon Regular, “Elementa juris canonici veteris et moderni” (Ulm, 1757); Amort wrote also among other works of a very personal character, “De origine, progressu. External law determines the relations of ecclesiastical society with other societies, either secular bodies (the relations therefore of the Church and the State) or religious bodies, that is, interconfessional relations. As many as 36 collections of canon law are known to have been brought into existence before 1150. These parts were revised as part of the application of Pope John XXIII's decision to carry out a general revision of the Church's canon law; as a result a distinct Code for members of the Eastern Catholic Churches came into effect for the first time on 1 October 1991 (Apostolic Constitution Sacri Canones of 18 October 1990). The pope occasionally amends the text of the codes. (Juris Canonici Baccalaureatus, Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. Containing 1752 canons,[40] it is the law currently binding on the Latin Church. Indults or the powers that the bishops of the Catholic world receive from the Holy See, to regulate the various cases that may arise in the administration of their dioceses, belong to the category of privileges; together with the dispensations granted directly by the Holy See, they eliminate any excessive rigidity of the law, and ensure to ecclesiastical legislation a marvelous facility of application. 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. (See Collections of Ancient Canons.) The Greek Church has two principal nomocanonical collections, the "Nomocanon of John Scholasticus" of the sixth century and the "Nomocanon in 14 titles", which dates from the reign of the Byzantine Emperor Heraclius (r. 610–641), made by fusion of the Collectio tripartita (collection of Justinian's imperial law) and "Canonic syntagma" (ecclesiastical canons). 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. Through these two channels the African texts entered into Western canon law. HISTORICAL DEVELOPMENT OF TEXTS AND COLLECTIONS.—-Considered under the second aspect, the sources of canon law are the legislative texts, ands the collections of those texts whence we derive our knowledge of the Church‘s laws. From the ninth century onwards the collections are systematically arranged; with the thirteenth century begins the first official collections, thenceforth the nucleus around which the new legislative texts center, though it is not yet possible to reduce them to a harmonious and coordinated code. 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. 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. It must be remembered that the Church existed for a long time before having a complete and coordinated system of law; that many daily acts of its administration, while objectively canonical, were of the same nature as similar acts in civil matters, e.g. At first appear collections of national or local laws, and the tendency towards centralization is partially effected in the ninth century. 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. 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. 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 author of the “gloss” was Bernard de Botone (d. 1263); the text was commented on by the most distinguished canonists; among the best known previous to the sixteenth century, we must mention, after Bernard of Pavia (“Summa” edited by Laspeyres, 1860), Tancred, archdeacon of Bologna, d. 1230 (“Summa de Matrimonio”, ed. Later when the canonists of the twelfth century began to systematize the ecclesiastical law, they found themselves in presence, on the one hand, of a fragmentary canon law, and on the other hand of the complete methodical Roman code; they had recourse to the latter to supply what was wanting in the former, whence the maxim adopted by the canonists and inserted in the “Corpus Juris”, that the Church acts according to Roman law when canon law is silent (cap. In the succeeding decades, some parts of the 1917 Code were retouched, especially under Pope Pius XII. Over time, these canons were supplemented with decretals of the Bishops of Rome, which were responses to doubts or problems according to the maxim, "Roma locuta est, causa finita est" ("Rome has spoken, the case is closed"). Likewise, between the law of the Catholic Church and those of the non-Catholic Christian Churches or confessions, the Anglican Church and the various Oriental schismatical Churches. The canon law of the Catholic Church (Latin: ius canonicum) is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. certain matrimonial impediments; as to the other laws given by God to His chosen people, it considers them to have been ritual and declares them abrogated by Jesus Christ. Previous to this, we must note the collection of St. Martin of Braga, a kind of adaptation of conciliary canons, often incorrectly cited in the Middle Ages as the “Capitula Martini papae” (about 563). Thus understood, the public ecclesiastical law would be derived almost exclusively from Divine and natural law. The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern civil law and common law[43][44][45] bear the influences of canon law. Those who are versed and skilled in canon law, and professors of canon law, are called canonists[11][12] (or colloquially, canon lawyers[11]). Or rather, Jesus Christ, the Lawgiver of the spiritual society founded by Him (Con. [24][27], The spurious conciliar canons and papal decrees were gathered together into collections, both unofficial and official. The Latin version of the ancient Greek councils was known, but was not adopted as ecclesiastical law. The law takes effect and is binding on all members of the community as soon as it is promulgated, allowing for the time morally necessary for it to become known, unless the legislator has fixed a special time at which it is to come into force. For centuries, nothing more was done than to collect successively the canons of councils, ancient and recent, the letters of popes, and episcopal statutes; guidance was sought for in these, when analogous cases occurred, but no one thought of extracting general principles from them or of systematizing all the laws then in force. The difference Between Canon Law And Islamic Shari'a. the impediment of marriage arising from adoption. expiatory penalties; chapter iii. 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. The Code of Canon law is the instrument which governs the Catholic Church. Canon law likewise lays out the rights and obligations we have members of the Church. 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). Howe, William Wirt. Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law. Finally, different classes of persons, the clergy, religious orders, etc., have their own laws which are superadded to the general law. This subject will be treated under the following heads: I. subject Notion and Divisions. Historical Development of Texts and Collections. ); lastly the decrees, decisions, and various acts of the Roman Congregations, jurisprudence rather than law properly so called. But it must be remarked, that in our days, owing to the fully developed body of written law, custom plays a much less important part than did the practices and habits of early Christian times, when there was but little written law and even that seldom of wide application. V, tit. In 1959, Pope John XXIII announced, together with his intention to call the Second Vatican Council, that the 1917 Code would be completely revised. 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. [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. In the fourth century it was applied to the ordinances of the councils, and thus contrasted with the word nomoi, the ordinances of the civil authorities; the compound word “Nomocanon” was given to those collections of regulations in which the laws formulated by the two authorities on ecclesiastical matters were to be found side by side. B. Sagmuller (Freiburg-im-B., 1904). The term "canon law" (ius canonicum) was only regularly used from the twelfth century onwards. (Rome, 1884); Carlo Lombardi (Rome, 1898); Guglielmo Sebastianelli (Rome, 1898), etc. The ultimate source of canon law is God, Whose will is manifested either by the very nature of things (natural Divine law), or by Revelation (positive Divine 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,[6] 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. But at an early period we discover a greater local disciplinary uniformity between the Churches of the great sees (Rome, Carthage, Alexandria, Antioch, later Constantinople) and the Churches depending immediately on them. The publication of the new general code of canon law will certainly bring about a more normal state of affairs. (Dillingen, 1645); the Franciscan Anaclet Reiffenstuel, “Jus canonicum universum” (Freising, 1700); the Jesuit James Wiestner, “Institutiones canonicm” (Munich, 1705); the two brothers Francis and Benedict Schmier, both Benedictines and professors at Salzburg; Francis wrote “Jurisprudentia canonico-civilis” (Salzburg, 1716); Benedict: “Liber I Decretalium; Lib.

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