FOOTNOTES:

[1] _Zur Geschichte des Kanons_, pp. 3-68.

[2] _Clement Hom._, ap. Coteler. vol. i. p. 608.

[3] _Stromata_, vi. 15, p. 803, ed. Potter.

[4] _Adv. Haeres._ i. 95.

[5] Euseb. _H.E._ v. 24.

[6] _De praescript. Haereticorum_, chs. 12, 13.

[7] _Comment. in Mat._ iii. p. 916, ed. Delarue.

[8] _Monumenta vetera ad Donatistarum historiam pertinentia_, ed.

Dupin, p. 168.

[9] At the end of the _Iambi ad Seleucum_, on the books of the New

Testament, he adds, [Greek: outos acheudestatos kanon an ein ton

theopneuston grachon].

[10] _Prologus galeatus in ii. Reg._

[11] _Expos. in Symb. Apost._ 37, p. 374, ed. Migne.

[12] After the word is added [Greek: kai paradothenta, pioteuthenta

te theia einai]. _Opp._ vol. i. p. 961, ed. Benedict.

CANONESS (Fr. _chanoinesse_, Ger. _Kanonissin_, Lat. _canonica_ or

_canonica virgo_), a female beneficiary of a religious college. In the

8th century chapters of canons were instituted in the Frankish empire,

and in imitation of these certain women took common vows of obedience

and chastity, though not of poverty. Like nuns they had common table and

dormitory, and recited the breviary, but generally the rule was not so

strict as in the case of nuns. The canonesses often taught girls, and

were also employed in embroidering ecclesiastical vestments and

transcribing liturgical books. A distinction was drawn between regular

and secular canonesses, the latter being of noble family and not

practising any austerity. Some of their abbesses were notable feudal

princesses. In Germany several foundations of this kind (e.g.

Gandersheim, Herford and Quedlinburg), which were practically secular

institutions before the Reformation, adopted the Protestant faith, and

still exist, requiring of their members the simple conditions of

celibacy and obedience to their superior during membership. These

institutions (_Stifter_) are now practically almshouses for the

unmarried daughters of noble families. In some cases the right of

presentation belongs to the head of the family, sometimes admission is

gained by purchase; but in modern times a certain number of prebends

have been created for the daughters of deserving officials. The

organization of the _Stift_ is collegiate, the head bearing the ancient

titles of abbess, prioress or provostess (_Probstin_), and the

canonesses (_Stiftsdamen_) meet periodically in _Konvent_ for the

discussion of the affairs of the community. The ladies are not bound to

residence. In many of these _Stifter_ quaint pre-Reformation customs and

ceremonies still survive; thus, at the convent of St John the Baptist at

Schleswig, on the day of the patron saint, the room in which the

_Konvent_ is held is draped in black and a realistic life-size wax head

of St John on a charger is placed in the centre of the table round which

the canonesses sit.

CANONIZATION, in its widest sense, an act by which in the Christian

Church the ecclesiastical authority grants to a deceased believer the

honour of public _cultus_. In the early Church there was no formal

canonization. The _cultus_ applied at first to local martyrs, and it was

only in exceptional circumstances that a kind of judiciary inquiry and

express decision became necessary to legitimate this _cultus_. The

peculiar situation of the Church of Africa explains the _Vindicatio

martyrum_, which was early practised there (_Optatus Milevit._, i. 16).

In the _cultus_ rendered to confessors, the authorization of the Church

had long been merely implicit. But when an express decision was given,

it was the bishop who gave it. Gradually the canonization of saints came

to be included in the centralizing movement which reserved to the pope

the most important acts of ecclesiastical power. The earliest

acknowledged instance of canonization by the pope is that of Ulric of

Augsburg, who was declared a saint by John XV. in A.D. 993. From that

time the pontifical intervention became more and more frequent, and, in

practice, the right of the bishops in the matter of canonization

continued to grow more restricted. In 1170 the new right was

sufficiently established for Pope Alexander III. to affirm that the

bishops could not institute the _cultus_ of a new saint without the

authority of the Roman Church (Cap. _Audivimus_, Decret. _De Rell. et

venerat. Sanctorum_, iii. 115). The 12th and, especially, the 13th

centuries furnish many examples of canonizations pronounced by the

popes, and the procedure of this period is well ascertained. It was much

more summary than that practised in modern times. The evidence of those

who had known the holy personages was collected on the spot. The inquiry

was as rapid as the judgment, and both often took place a short time

after the death of the saint, as in the cases of St Thomas of Canterbury

(died 1170, canonized 1173), St Peter of Castelnau (died on the 15th of

January 1208, canonized on the 12th of March of the same year), St

Francis of Assisi (died on the 4th of October 1226, canonized on the

19th of July 1228), and St Anthony of Padua (died on the 13th of June

1231, canonized on the 3rd of June 1232).

At this period there was no marked difference between canonization and

beatification. In modern practice, as definitively settled by the

decrees of Pope Urban VIII. (1625 and 1634), the two acts are totally

distinct. Canonization is the solemn and definitive act by which the

pope decrees the plenitude of public honours. Beatification consists in

permitting a _cultus_, the manifestations of which are restricted, and

is merely a step towards canonization.

The procedure at present followed at the Roman curia is either

_exceptional_ or _common_. The approval of immemorial _cultus_ comes

within the category of exceptional procedure. Urban VIII., while

forbidding the rendering of a public _cultus_ without authorization from

the Holy See, made an exception in favour of the blessed who were at

that time (1625) in possession of an immemorial _cultus_, i.e. dating

back at least a century (1525). The procedure _per viam casus excepti_

consists in the legitimation of a _cultus_ which has been rendered to a

saint for a very long time. The causes of the martyrs (_declarationis

martyrii_) also are exceptional. Juridical proof is required of the

_fact_ of the martyrdom and of its _cause_, i.e. it must be established

that the servant of God was put to death through hatred of the faith.

These are the two cases which constitute exceptional procedure.

The _common_ procedure is that in which the cause is prosecuted _per

viam non cultus_. It is, in reality, a suit at law, pleaded before the

tribunal of the Congregation of Rites, which is a permanent commission

of cardinals, assisted by a certain number of subordinate officers and

presided over by a cardinal. The supreme judge in the matter is the pope

himself. The _postulator_, who is the mandatory of a diocese or

ecclesiastical commonalty, is the solicitor. He must furnish the proofs,

which are collected according to very stringent rules. The _promoter of

the faith_, popularly called the "devil's advocate" (_advocatus

diaboli_), is the defendant, whose official duty is to point out to the

tribunal the weak points of the case.

The procedure is loaded with many formalities, of which the historical

explanation lies in the tribunals of the ancient system, and which

considerably delay the progress of the causes. The first decisive step

is the _introduction of the cause_. If, by the advice of the cardinals

who have examined the documents, the pope pronounce his approval, the

servant of God receives the title of "Venerable," but is not entitled to

any manifestation of _cultus_. Only in the event of the claimant passing

this test successfully can the essential part of the procedure be begun,

which will result in conferring on the Venerable the title of "Blessed."

This part consists in three distinct proceedings: (1) to establish a

reputation for sanctity, (2) to establish the heroic quality of the

virtues, (3) to prove the working of miracles. A favourable judgment on

all three of these tests is called the decree _de tuto_, by which the

pope decides that they may safely proceed to the solemn beatification of

the servant of God (_Tuto procedi potest ad solemnem V.S.D.N.

beatificationem_). In the ceremony of beatification the essential part

consists in the reading of the pontifical brief, placing the Venerable

in the rank of the Blessed, which is done during a solemn mass,

celebrated with special rites in the great hall above the vestibule of

the basilica of St Peter.

The process of canonization, which follows that of beatification, is

usually less lengthy. It consists principally in the discussion of the

miracles (usually two in number) obtained by the intercession of the

Blessed since the decree of beatification. After a great number of

formalities and prayers, the pope pronounces the sentence, and indicates

eventually the day on which he will proceed to the ceremony of

canonization, which takes place with great solemnity in the basilica of

St Peter.

The extremely complicated procedure which is prescribed for the conduct

of the cases in order to ensure every opportunity for exercising rigour

and discretion, considerably retards the progress of the causes, and

necessitates a numerous staff. This circumstance, together with the

custom of ornamenting the basilica of St Peter very richly on the day of

the ceremony, accounts for the considerable cost which a canonization

entails. To prevent abuses, a minute tariff of expenses was drawn up

during the pontificate of Leo XIII.

The Greek Church, represented by the patriarch of Constantinople, and

the Russian Church, represented by the Holy Synod, also canonize their

saints after a preliminary examination of their titles to public

_cultus_. Their procedure is less rigorous than that of the Roman

Church, and as yet has been but imperfectly studied.

See J. Fontanini, _Codex Constitutionum quas summi pontifices

ediderunt in solemni canonizatione sanctorum_ (Rome, 1729, a

collection of original documents); Pr. Lambertini (Pope Benedict

XIV.), _De servorum Dei beatificatione et beatorum canonizatione_

(Bologna, 1734-1738), several times reprinted, and more remarkable for

erudition and knowledge of canon law than for historical criticism;

Al. Lauri, _Codex pro postulatoribus causarum beatificationis et

canonizationis, recognovit Joseph Fornari_ (Romae, 1899); F.W. Faber,

_Essay on Beatification, Canonization, &c._ (London, 1848); A.

Boudinhon, _Les Proces de beatification et de canonisation_ (Paris,

1905); E. Golubinskij, _Istorija Kanonizacii sviatich v russko j

cerkvi_ (Moscow, 1903). (H. De.)

CANON LAW. Canon law, _jus canonicum_, is the sum of the laws which

regulate the ecclesiastical body; for this reason it is also called

ecclesiastical law, _jus ecclesiasticum_. It is also referred to under

the name of _canones, sacri canones_, a title of great antiquity, for

the [Greek: kanones], _regulae_, were very early distinguished from the

secular laws, the [Greek: nomoi], _leges_.

Word "canon." Different meanings.

The word [Greek: kanon], canon, has been employed in ecclesiastical

literature in several different senses (see CANON above). The

disciplinary decisions of the council of Nicaea, for example (can. 1, 2,

&c.), employ it in the sense of an established rule, ecclesiastical in

its origin and in its object. But the expression is most frequently used

to designate disciplinary laws, in which case canons are distinguished

from dogmatic definitions. With regard to form, the decisions of

councils, even when dogmatic, are called canons; thus the definitions of

the council of Trent or of the Vatican, which generally begin with the

words "_Si quis dixerit_," and end with the anathema, are canons; while

the long chapters, even when dealing with matters of 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 Gratian, while the name of

chapters is given to the analogous quotations from the Books of the

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 juris canonici_.

Divisions.

Canon law is divided into public law and private law; the former is

concerned with the constitution of the Church, and, consequently, with

the relations between her and other bodies, religious and civil; the

latter has as its object the internal discipline of the ecclesiastical

body and its members. This 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_,

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 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 practical rules arising rather from natural equity and from

custom than from formal laws; with this is connected the customary law.

In the Church, as in other societies, it has happened that the unwritten

customary law has undergone a gradual diminution in importance, as a

consequence of centralization and the accumulation of written laws;

nowadays it need not be reckoned with, save in cases where local customs

are involved. The common law is that which is intended to regulate the

whole body; 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.

Sources.

By the _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 rank must be placed Christ and the

Apostles, whose dispositions for the constitution and government of the

Church are contained in the New Testament, completed by tradition; for

the Church did not accept the disciplinary and ritual provisions of the

Old Testament as binding upon her (see Acts xi., xv.). To the apostles

succeeded the episcopal body, with its chief the bishop of Rome, the

successor of St. Peter, whose legislative and disciplinary power, by a

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 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 part of the Church under their 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 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 general observations, we must now consider the history

of those texts and collections of canons which to-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 present

day, including the codification ordered by Pius X.

1. _From the Beginning to the Decretum of Gratian._--At no time, and

least of all during the earliest centuries, was there any attempt to

draw up a uniform system of legislation for the whole of the Christian

Church. The various communities ruled themselves principally according

to their customs and traditions, which, however, possessed a certain

uniformity resulting from their close connexion with natural and divine

law. Strangely enough, those documents which bear the greatest

resemblance to a small collection of canonical regulations, such as the

Didache, the Didascalia and the Canons of Hippolytus, have not been

retained, and find no place in the collections of canons, doubtless for

the reason that they were not official documents. Even the Apostolical

Constitutions (q.v.), an expansion of the Didache and the Didascalia,

after exercising a certain amount of influence, were rejected by the

council in Trullo (692). Thus the only pseudo-epigraphic document

preserved in the law of the 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 plan, given by councils or by certain great bishops.

Greek collection.

These compilations began in the East. It appears that in several

different districts canons made by the local assemblies[1] were added to

those of the council of Nicaea which were everywhere accepted and

observed. The first example seems to be that of the province of Pontus,

where after the twenty canons of Nicaea were placed the twenty-five

canons of the council of Ancyra (314), and the fifteen of that of

Neocaesarea (315-320). These texts were adopted at Antioch, where there

were further added the twenty-five canons of the so-called council _in

encaeniis_ of that city (341). Soon afterwards, Paphlagonia contributed

twenty canons passed at the council of Gangra (held, according to the

_Synodicon orientale_, in 343),[2] and Phrygia fifty-nine canons of the

assembly of Laodicea (345-381?), or rather of the compilation known as

the work of this council.[3] The collection was so well and so widely

known that all these canons were numbered in sequence, and thus at the

council of 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 twenty-eight (thirty) canons of Chalcedon;

about the same time were added the four canons of the council of

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 head of the group. Such

was the condition of the Greek collection when it was translated and

introduced into the West.

Its final form.

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, Dionysius of Alexandria, St 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 Sardica (343), in the Greek

text, which differs considerably from the Latin; and the council of

Carthage of 410, which itself included, more or less completely, in 105

canons, the decisions of the 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 680), 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 Pope John VIII.

(872-881). Now, in the second of its canons, the council in Trullo

recognized and sanctioned the Greek collection above mentioned; it

enumerates all its articles, insists on the recognition of these canons,

and at the same time prohibits the addition of others. As thus defined,

the collection contains the following documents: firstly, the

eighty-five Apostolic Canons, the Constitutions having been put aside as

having suffered heretical alterations; secondly, the canons of the

councils of Nicaea, Ancyra, Neocaesarea, Gangra, Antioch, Laodicea,

Constantinople (381), Ephesus (the disciplinary canons of this council

deal with the reception of the Nestorians, and were not communicated to

the West), Chalcedon, Sardica, Carthage (that of 419, according to

Dionysius), Constantinople (394); thirdly, the series of canonical

letters of the following great bishops--Dionysius of Alexandria, Peter

of Alexandria (the Martyr), Gregory Thaumaturgus, Athanasius, Basil,

Gregory of Nyssa, Gregory of Nazianzus, Amphilochus of Iconium,

Timotheus of Alexandria, Theophilus of Alexandria, Cyril of Alexandria,

Gennadius of Constantinople; the canon of Cyprian of Carthage (the

Martyr) is also mentioned, but with the note that it is only valid for

Africa. With the addition of the twenty-two canons of the ecumenical

council of Nicaea (787), this will give us the whole contents of the

official collection of the Greek Church; since then it has remained

unchanged. The law of the Greek Church was in reality rather the work of

the Byzantine emperors.[4]

Nomocanon.

The collection has had several commentators; we need only mention the

commentaries of Photius (883), Zonaras (1120) and Balsamon (1170). A

collection in which the texts are simply reproduced in their

chronological order is obviously inconvenient; towards 550, Johannes

Scholasticus, patriarch of Constantinople, drew up a methodical

classification of them under fifty heads. Finally should be mentioned

yet another kind of compilation still in use in the Greek Church,

bearing the name of _nomocanon_, because in them are inserted, side by

side with the ecclesiastical canons, the imperial laws on each subject:

the chief of them are the one bearing the name of Johannes Scholasticus,

which belongs, however, to a later date, and that of Photius (883).

In the West.

The canon law of the other Eastern Churches had no marked influence on

the collections of the Western Church, so we need not speak of it here.

While, from the 5th century onwards a certain unification in the

ecclesiastical law began to take place within the 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.

Africa.

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, automatically, owing to the plenary

assemblies of the African episcopate held practically every 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 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

(390), 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, almost all the synods of

the collection; this was the celebrated _Concilium Africanum_, so often

quoted in the middle ages, which was also recognized by the Greeks. The

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 fourth

council of Carthage, the _Statuta Ecclesiae antiqua_, an Arlesian

compilation of Saint Caesarius, which has led to a number of incorrect

references. Towards the middle of the 6th century a Carthaginian deacon,

Fulgentius Ferrandus, drew up a _Breviatio canonum_,[5] 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.

Rome.

Dionysius Exiguus and his collection.

Dionysio-Hadriana.

The Roman Church, even more than the rest, governed itself according to

its own customs and traditions. Up to the end of the 5th century the

only canonical document of 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 answer to questions

submitted from various quarters; but in both cases the doctrine is the

same. At the beginning of the 6th century the Roman Church adopted the

double collection, though of private origin, which was drawn up at that

time by the monk Dionysius, known by the name of Dionysius Exiguus,

which he himself had assumed as a sign of humility. He was a Scythian by

birth, and did not come to Rome till after 496, his learning was

considerable for his times, and to him we owe the employment of the

Christian era and a new way of reckoning Easter. At the desire of

Stephen, bishop of Salona, he undertook the task of making a new

translation, from the original Greek text, of the canons of the Greek

collection. The manuscript which he used contained only the first fifty

of the Apostolic Canons; these he translated, and they thus became part

of the law of the West. This part of the work of Dionysius was not added

to later; it was otherwise with the second part. This embodied the

documents containing the local law, namely 39 decretals of the popes

from Siricius (384-398) to 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 code of the Roman Church until the labours undertaken in

consequence of the reforming movement in the 11th century. In 774 Pope

Adrian I. gave the twofold collection of the Scythian monk to the future

emperor Charlemagne as the canonical book of the Roman Church; this is

what is called the _Dionysio-Hadriana_. This was an important stage in

the history of the centralization of canon law; the collection was

officially received by the Frankish Church, imposed by the council of

Aix-la-Chapelle of 802, and from that time on was recognized and quoted

as the _liber canonum_. If we consider that the Church of Africa, which

had already suffered considerably from the Vandal invasion, was at this

period almost entirely destroyed by the Arabs, while the fate of 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 Italian origin, compiled before the

10th century, are of importance on 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.

In Gaul.

Quesnel collection.

The Dionysio-Hadriana did not, when introduced into Gaul, take the place

of any other generally received collection of canons. In this country

the Church had not been centralized round a principal see which would

have produced unity in canon law as in other things; even the political

territorial divisions had been very unstable. The only canonical centre

of much activity was the Church of Arles, which 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 Quesnel, named after its first editor.[6] It

is a 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.

Councils.

It would be impossible to enumerate here all the Gallic councils which

contributed towards the canon law of that country; we will mention only

the following:--Arles (314), of great importance; a number of councils

in the district of Arles, completed by the _Statuta Ecclesiae antiqua_

of St Caesarius;[7] the councils of the province of Tours; the

assemblies of the episcopate of the three kingdoms of the Visigoths at

Agde (506), of the Franks at Orleans (511), and of the Burgundians at

Epaone (517); several councils of the kingdoms of the Franks, chiefly at

Orleans; and finally, the synods of the middle of the 8th century, under

the influence of St Boniface. Evidently the impulse towards unity had to

come from without; it began with the alliance between the Carolingians

and the Papacy, and was accentuated by the recognition of the _liber

canonum_.

In Spain.

The Hispana.

In Spain the case, on the contrary, is that of a strong centralization

round the see of Toledo. Thus we find Spanish canon law embodied in a

collection which, though perhaps not official, was circulated and

received everywhere; this was the Spanish collection, the _Hispana_.[8]

The collection is well put together and includes almost all the

important 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, which form the local section, are further divided

into several classes: firstly, the synods held under the Roman empire,

the chief being that of Elvira[9] (c. 300); next the texts belonging to

the kingdom of the Suevi, after the conversion of these barbarians by St

Martin of Braga: these are, the two councils of Braga (563 and 572), and

a sort of free translation or adaptation of the canons of the Greek

councils, made by Martin of Braga; this is the document frequently

quoted in later days under the name of _Capitula Martini papae_;

thirdly, the decisions of the councils of the Visigothic Church, after

its conversion to Catholicism. 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.

Great Britain and Ireland.

The Churches of Great Britain and Ireland remained still longer outside

the centralizing movement. Their contribution towards the later system

of canon law consisted in two things: the Penitentials and the influence

of the Irish collection, the other sources of local law not having been

known to the predecessors of Gratian nor to Gratian himself.

Penitentials.

The Penitentials[10] 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-Saxon countries. They

are all of Anglo-Saxon or Irish origin, and although certain of them

were compiled on the continent, under the influence of the island

missionaries, it seems quite certain that a Roman Penitential has never

existed.[11] 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), Gildas (d. 583), Theodore of Canterbury

(d. 690), the Venerable Bede (d. 735) and Egbert of York (732-767); the

Penitentials which are ascribed to St Columbanus, the founder of Luxeuil

and Bobbio (d. 615), and Cumean (Cumine Ailbha, abbot of Iona); in the

Prankish kingdom the most interesting work is the Penitential of

Halitgar, bishop of Cambrai[12] from 817 to 831. As penances had for a

long time been lightened, and the books used by confessors began to

consist more and more of instructions in the style of the later moral

theology (and this is already the case of the books of Halitgar and

Rhabanus Maurus), the canonical collections began to include a greater

or smaller number of the penitential canons.

Irish collection.

The Irish collection,[13] though it introduced no important documents

into the law of the Western Church, at least set canonists the example

of quoting passages from the Scriptures and the writings of the Fathers.

This collection seems to date from the 8th century; besides the usual

sources, the author has included several documents of local origin,

beginning with the pretended synod of St Patrick.

The false decretals.

Systematic collections.

In the very middle of the 9th century a much enlarged edition of the

_Hispana_ began to be circulated in France. To this rich collection the

author, who assumes the name of Isidore, the saintly bishop of Seville,

added a good number of apocryphal documents already existing, as well as

a series of letters ascribed to the popes of the earliest centuries,

from Clement to Silvester and Damasus inclusive, thus filling up the 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.[14] 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 Benedict (Benedictus Levita),[15] a deacon of the

church of Mainz; this collection, in which 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 scope, is a group of _Capitula_ given under

the name of Angilram, bishop of Metz. It is nowadays admitted by all

that these three collections come from the same source. For a study of

the historical questions connected with the famous False Decretals, see

the 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 attributed

to the popes of the earlier centuries, the False Decretals were accepted

with confidence, together with the authentic texts which served as a

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 chronological collections, i.e. those which give the texts in the

order in which they appeared. From this time on, canonists began to

exercise their individual judgment in arranging their collections

according to some systematic order, grouping their materials under

divisions more or less 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, drawing conclusions and

sometimes outlining some controversy on the subject, just as Gratian was

to do more fully later on.

Regino.

Burchard.

Anselm Deusdedit.

Ivo of Chartres.

During this period, which extended from the end of the 9th century to

the middle of the 12th, we can enumerate about forty systematic

collections, of varying value and circulation, which all played a

greater or lesser part in preparing the juridical 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 end of the 9th century; the _Libri duo de

synodalibus causis et disciplinis ecclesiasticis_,[16] compiled about

906 by Regino, abbot of Prum, and dedicated to Hatto of Mainz,

relatively a very original treatise; the enormous compilation in twenty

books of Burchard, bishop of Worms (1112-1122), the _Decretum_ or

_Collectarium_,[17] very widely spread and known under the name of

_Brocardum_, of which the 19th book, dealing with the process of

confession, is specially noteworthy. Towards the end of the 11th

century, under the influence of Hildebrand, the reforming movement

makes itself felt in several collections of canons, intended to support

the rights of the Holy See and the Church against the pretensions of the

emperor. To this group belong an anonymous collection, described by M.P.

Fournier as the first manual of the Reform;[18] the collection of

Anselm, bishop of Lucca,[19] in 13 books (1080-1086); that of Cardinal

Deusdedit,[20] in 4 books, dedicated to Pope Victor III. (1086-1087);

and lastly that of Bonizo,[21] bishop of Sutri, in 10 books (1089). In

the 12th century, the canonical works of Ivo of Chartres[22] are of

great importance. His _Panormia_, compiled about 1095 or 1096, is a

handy and well-arranged collection in 8 books; as to the _Decretum_, a

weighty compilation in 17 books, there seems sufficient 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 Saragossa

(_Caesaraugustana_) to which attention was drawn by 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,[23] scholasticus of Liege, in 3 books, compiled at latest in

1123.

But all these works were to be superseded by the _Decretum_ of Gratian.

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 scientific value and in magnitude. It is

certainly the work which had the greatest influence on the formation of

canon law; it soon became the sole manual, both for teaching and for

practice, and even after the publication of the Decretals was the chief

authority in the universities. The work is not without its faults;

Gratian is lacking in historical and critical faculty; his theories are

often hesitating; but on the whole, his treatise is as 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),[24] 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 dates the more marked and

definitive separation between theology and ecclesiastical law.

Dicta Gratiani.

Contents.

Mode of citation.

Of Gratian we know practically nothing. He was a Camaldulensian monk of

the convent of St Felix at Bologna, where he taught canon law, and

published, probably in 1148, his treatise called at first _Concordantia

discordantium canonum_, but soon known under the name of the _Decretum_.

Nowadays, and for some time past, the only part of the _Decretum_

considered is the collection of texts; but it is actually a treatise, in

which the author endeavours to piece together a coherent juridical

system from the vast body of texts, of widely differing periods and

origin, which are furnished by the collections. These texts he inserts

bodily in the course of his dissertation; where they do not agree, he

divides them into opposite groups and endeavours to reconcile them; but

the really original part of his work are the _Dicta Gratiani_, inserted

between the texts, which are still read. Gratian drew his materials from

the existing collections, and especially from the richer of them; when

necessary, he has recourse to the Roman laws, and he made an extensive

use of the works of the Fathers and the ecclesiastical writers; he

further made use of the canons of the recent councils, and the recently

published decretals, up to and including the Lateran council of 1139.

His immense work consists of three parts (_partes_). The first, treating

of the sources of canon law and of ecclesiastical persons and offices,

is divided according to the method of Paucapalea, Gratian's pupil, into

101 _distinctiones_, which are subdivided into _canones_. The second

part consists of 36 _causae_ (cases proposed for solution), subdivided

into _quaestiones_ (the several questions raised by the case), under

each of which are arranged the various _canones_ (canons, decretals,

&c.) bearing on the question. But _causa_ xxxiii. _quaestio_ 3, headed

_Tractatus de Poenitentia_, is divided like the main part into seven

_distinctiones_, containing each several _canones_. The third part,

which is entitled _De Consecratione_, gives, in five _distinctiones_,

the law bearing on church ritual and the sacraments. The following is

the method of citation. A reference to the first part indicates the

initial words or number of the _canon_ and the number of the

_distinctio_, e.g. can. Propter ecclesiasticas, dist. xviii. or c. 15,

d. xviii. The second part is cited by the _canon, causa_ and _quaestio_,

e.g. can. Si quis suadente, C. 17, qu. 4, or c. 29, C. xvii., qu. 4. The

treatise _De Poenitentia_, forming the 3rd _quaestio_ of the 33rd

_causa_ of the second part, is referred to as if it were a separate

work, e.g. c. Principium, D. ii. de poenit. or c. 45, D. ii. de poenit.

In quoting a passage from the third part the _canon_ and _distinctio_

are given, e.g. c. Missar. solenn. D.I. de consecrat., or c. 12, D.I.

de consecr.

Authority.

Considered from the point of view of official authority, the _Decretum_

occupies an intermediate position very difficult to define. It is not

and cannot be a really official code, in which every text has the force

of a law. It has never been recognized as such, and the pretended

endorsement of it by Pope Eugenius III. is entirely apocryphal.

Moreover, it could not have become an official code; it would be

impossible to transform into so many laws either the discordant texts

which Gratian endeavoured to reconcile or his own _Dicta_; a treatise on

canon Law is not a code. Further, there was as yet no idea of demanding

an official compilation. The _Decretum_ has thus remained a work of

private authority, and the texts embodied in it have only that legal

value which they possess in themselves. On the other hand, the

_Decretum_ actually enjoys a certain public authority which is unique;

for centuries it has been the text on which has been founded the

instruction in canon law in all the universities; it has been glossed

and commented on by the most illustrious canonists; it has become,

without being a body of laws, the first part of the _Corpus juris

canonici_, and as such it has been cited, corrected and edited by the

popes. It has thus, by usage, obtained an authority perfectly recognized

and accepted by the Church.[25]

After Gratian.

Gratian's collection, for the very reason that it had for its aim the

creation of a systematic canon law, was a work of a transitional

character. Henceforth a significant differentiation began to appear; the

collections of texts, the number of which continued to increase, were

clearly separated from the commentaries in which the canonists continued

the formation and interpretation of the law. Thus the way was prepared

for official collections. The disciples of Gratian, in glossing or

commenting on the _Decretum_, turned to the papal decretals, as they

appeared, for information and the determination of doubtful points.

Their idea, then, was to make collections of these points, to support

their teaching; this is the origin of those _Compilationes_ which were

soon to be embodied in the collection of Gregory IX. But we must not

forget that these compilations were intended by their authors to

complete the _Decretum_ of Gratian; in them were included the decretals

called _extravagantes_, i.e. _quae vagabantur extra Decretum_. This is

why we find in them hardly any documents earlier than the time of

Gratian, and also why canonists have continued to refer to the

decretals of Gregory IX. by the abbreviation X (_Extra_, i.e. _extra

Decretum_).

"Quinque compilationes."

Encyclopaedia Britannica, 11th Edition, "Camorra" to "Cape Colony" Volume 5, Slice 2 · 第 24 / 39 题