1770), Virgil Sedlmayr (d. 1772), Sympert Schwarzhuber (d. 1795); the canonists Gregor Zallwein (d. 1766) and Johann Kleinmayern (the last abbot of Wessobrunn; d.
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He was considered one of the best canonists of his time,V. Piergiovanni, "Sinibaldo dei Fieschi decretalista. Ricerche sulla vita," Studia Gratiana 14 (1967), 125-154.
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Boniface interpreted it as a form of the concept known as plenitudo potestatis (plenitude of power) that declared that those who resist the Roman Pontiff are resisting God's ordination. In the 13th century, the canonists used the term plenitudo potestatis to characterize the power of the Pope within the church or, more rarely, his prerogative in the secular sphere.Pennington, K. (1976). The Canonists and Pluralism in the Thirteenth Century.
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Ziegler, however (De episc., l. IV, c. xix), thinks that the interpretation of the canonists is not in accordance with the letter or spirit of the laws of the church.
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Canonists have formulated interpretive rules for the proper interpretation of canonical laws. An authentic interpretation is an official interpretation of a statute issued by the statute's legislator. An authentic interpretation has the force of law.
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Regarding the canon law of the Catholic Church, canonists provide and obey rules for the interpretation and acceptation of words, in order that legislation is correctly understood and the extent of its obligation is determined.
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The Chapter of Utrecht subsequently inquired of canonists in Louvain whether it had the right, as chapter of the metropolitan see, to appoint a vicar general for Haarlem, if the Chapter of Haarlem refused or delayed in doing so. With the assent of the canonists, the Chapter of Utrecht appointed Barchman Wuytiers as vicar general of the Diocese of Haarlem. He thus governed the parishes of the Diocese of Haarlem, both in his capacity as vicar general of the diocese and as metropolitan.Moss, p. 127.
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Girolamo and Pietro Ballerini were Italian Catholic theologians and canonists of the 18th century, brothers, who published joint works. De iure divino et naturali circa usuram, 1747 They were the sons of a surgeon of Verona.
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Most of the prescriptions of the ancient civil law were received into the law of the Roman Catholic Church and they are incorporated in the Corpus Juris Canonici. By canonists, a college has been defined as a collection of several rational bodies forming one representative body. Some authors consider "university" and "community" as synonymous terms with college, but others insist that there are points of difference. Thus, there are canonists who define university as a collection of bodies distinct from one another, but employing the same name specially conferred upon them.
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Although it seems that the author's intention was to show that the powers of the pope and the emperor are equal and distinct, traditionally the illumination was interpreted as demonstrating that the pope is lord of the emperor and has a more sublime, important and excellent power. Plenitudo potestatis was a term employed by medieval canonists to describe the jurisdictional power of the papacy. In the thirteenth century, the canonists used the term plenitudo potestatis to characterize the power of the pope within the church, or, more rarely, the pope's prerogative in the secular sphere.Pennington, K. (1976).
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Even well into the thirteenth century the Quadripartita was being copied by scribes and quoted by canonists who were compiling their own collections of canon law. This work should not be confused with the early twelfth-century Latin translation of Old English law known as the Quadripartitus.
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Some of John's writings, dealing with canon law, still survive. They show him to have been steeped in canon law and quite knowledgeable. In his writings, he often cited earlier canonists or theologians as well as contemporary writers.Weignad "Transmontane Decretists" History of Medieval Canon Law pp.
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Finally, many causes, of their nature civil, are accounted mixed by canonists, either because the State relinquished them to the Church's tribunals or custom gradually caused them to be relegated to the ecclesiastical forum, such as the recognition of last wills and testaments, the care of the poor, etc.
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Lewis "Canonists and Law Clerks" Seven Studies p. 60 By the late 1190s, John was a member of the household of Hubert Walter, the Archbishop of Canterbury.Knorr "Tynemouth, John of" Oxford Dictionary of National Biography Besides Walter, another of his patrons was Walter de Coutances, the Archbishop of Rouen.
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His "Bibliotheca juris canonico-civilis practica seu repertoium quaestionum magis practicarum in utroque foro" established him among the canonists of his day. He speaks in the clearest terms of papal infallibility. The work was published in Freising in 1712, for vols. in folio; Geneva, 1747; Modena and Venice, 1758.
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Canonists usually treat of excommunication in their commentaries on the Corpus Juris Canonici, at the title De sententia excommunicationis (lib. V, tit. xxxix). Moralists deal with it apropos of the treatise on censures (De Censuris). One of the best works is that of D'ANNIBALE Summula Theologiæ moralis (5th ed.
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They note as exceptions, however, to this power of the bishop, cases in which he acts from open hatred, or injures the good name of the ecclesiastic, or damages the parish. Likewise, they say, if the person removed were not given another office, he could have recourse to a superior authority, as this would be equivalent to injuring his good name. These canonists also add that the bishop would sin if he removed an ecclesiastic without cause, as his action would be without a proper motive, and because frequent changes are necessarily detrimental to churches. Other canonists seem to maintain for removable rectors practically the same rights as to perpetuity, which are possessed by irremovable ecclesiastics.
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1983 Code, canon 7. A later and contrary law obrogates an earlier law. Canonists have formulated interpretive rules of law for the magisterial (non- legislatorial) interpretation of canonical laws. An authentic interpretation is an official interpretation of a law issued by the law's legislator, and has the force of law.
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Metropolitan Philip of the Antiochian Orthodox Christian Archdiocese of North America points to Paris, France as an example of phyletism. He argues: > One more example of phyletism is Paris, France. There are six co-existing > Orthodox bishops with overlapping ecclesiological jurisdictions. In my > opinion and in the opinion of Orthodox canonists, this is phyletism.
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Very soon after the invention of printing editions of the "Corpus Juris", with or without the gloss (comments of canonists) were published. We already mentioned the importance of the Paris edition (1499–1505) for the two collections of "Extravagantes"; it includes the gloss. The last edition with the gloss is that of Lyons (1671).
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According to canonists, this remains the obligatory amount of the tax, unless custom establishes a different sum. If a smaller amount than the original tax becomes customary in a diocese, the bishop must be content with this reduced pension, nor can he command a return to the higher sum (S. C. C. in Amalph., 1705).
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These lectures on the Clementines and his Repertorium were bound together into one book in the library of All Souls College, Oxford, as MS 53. It indicates English canonists' interest in marriage law. In 1383 the University of Oxford was involved in a dispute with St Frideswide's Priory, and Chillenden served as the former's proctor.
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Such an office or benefice is designated manuale, as opposed to titulare or perpetuum. The interpretation of amovibility has caused controversy. Many canonists have argued that because the possessor of an office holds it ad nutum, he can therefore be deprived of it without cause. Otherwise, they declare, the word amovibility would have no meaning.
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Egan served as a commissioner of the Congregation for the Sacraments and Divine Worship and a consultor of the Congregation for the Clergy as well. In 1982, he was chosen to be one of the six canonists who reviewed the new Code of Canon Law with Pope John Paul II before its promulgation in 1983.
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Lewis "Canonists and Law Clerks" Seven Studies p. 59 While at Oxford, Simon, along with John of Tynemouth, Honorius of Kent, and possibly Nicholas de Aquila are the first securely attested lecturers on law known for Oxford.Boyle "Beginnings of Legal Studies" Viator pp. 110–112 Simon may also have studied canon law at Bologna.
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In 1230 Gregory IX ordered St. Raymund of Pennafort to make a new collection, which is called the "Decretals of Gregory IX" (Decretales Gregorii IX). To this collection he gave force of law by the Bull "Rex pacificus", 5 September 1234. This collection is also known to canonists as the "Liber extra", i. e. extra Decretum Gratiani.
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Angus McLaren,Angus McLaren, A History of Contraception from Antiquity to the Present Day, Basil Blackwell, 1990. John Noonan,John Noonan, Contraception: A History of Its Treatment by the Catholic Theologians and Canonists, Harvard University Press, 1965 (2nd edition 1986). and John Riddle.John M. Riddle, Contraception and Abortion from the Ancient World to the Renaissance, Harvard University Press, 1992.
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28, pg. 16 [notes by Thomas Gilby O.P. on Summa Ia-IIæ, q. 90, a. 4] While many canonists apply the Thomistic definition of law (lex) to canon law without objection, some authors dispute the applicability of the Thomistic definition to canon law, arguing that its application would impoverish ecclesiology and corrupt the very supernatural end of canon law.
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Natural presumptions (presumptiones juris naturales) fall under the definition of presumptio hominis. According to a generally held opinion of canonists, "presumptions hominis and naturae are, in as far as they are moral, in contrast to presumptions juris or legal presumptions."Della Rocca, Manual of Canon Law, pg. 396, citing Augustine, A Commentary on the New Code of Canon Law, Vol.
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478.1), and canonical advocates must either have the doctorate or be truly expert in canon law (c. 1483). Ordinarily, Bishops are to have advanced degrees in sacred scripture, theology, or canon law (c. 378.1.5). St. Raymond of Penyafort (1175–1275), a Spanish Dominican priest, is the patron saint of canonists, due to his important contributions to the science of Canon Law.
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Exegetical Commentary on the Code of Canon Law, Vol. I, pg. 261-262 (commentary on 1983 CIC, Book I, Title I) In the decades following the Second Vatican Council, many canonists called for a more theological, rather than philosophical, conception of canon law,Errázuriz, "Justice in the Church", pg. 71 acknowledging the "triple relationship between theology, philosophy, and canon law".
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Finally, when particular decrees are equivalently universal, canonists are divided as to the limits of their binding force. Most authors distinguish between comprehensive and extensive interpretations. The latter are held to bind only persons to whom they are directed, unless promulgated to the Universal Church, because, being extensive, they enforce a sense not included in the law and are equivalent to a new law; the former are held to bind all without need of promulgation, because the sense explained in a comprehensive interpretation being already included in the law, such decrees are not new laws and do not need further promulgation. Many canonists follow an opposite view; without distinguishing between comprehensive and extensive interpretations, they maintain that any decree interpreting a law in itself obscure and doubtful binds only those to whom it is directed, unless promulgated to the Universal Church.
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The Irish collection, 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.
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Church laws imposing censures were multiplied in the course of centuries, some confirming, modifying or abrogating previous enactments. The Council of Trent (1545-63) simplified them, but numerous new laws continued to be enacted, altering and complicating the previous situation. The result was confusion for canonists, perplexity for moralists, and often hesitation for the faithful. Hence the need for a general revision of all the material.
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Ordinarily this approval is not legally of such a character as to make these decrees "pontifical acts"; they become such only by the special confirmation, termed by canonists in forma specificâ, which is seldom given. Finally, the act is drawn up in due form, and, having been sealed and signed by the Cardinal Prefect of the Congregation and the Secretary, is dispatched to its destination.
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Sacri Canones St. Raymond of Penyafort (1175-1275), a Spanish Dominican priest, is the patron saint of canonists,Vere & Trueman, Surprised by Canon Law, pg. 2.Dr. Edward N. Peters, CanonLaw.info Home Page, accessed June-11-2013 due to his important contributions to canon law in codifying the Decretales Gregorii IX. Other saintly patrons include St. Ivo of Chartres and the Jesuit St. Robert Bellarmine.
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Lelio Sozzini was born at Siena. His family descended from Sozzo, a banker at Percenna (Buonconvento), whose second son, Mino Sozzi, settled as a notary at Siena in 1304. Mino Sozzi's grandson, Sozzino (d. 1403), was the founder of a line of patrician jurists and canonists, Mariano Sozzini the elder (1397-1467) being the first and the most famous, and traditionally regarded as the first freethinker in the family.
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Pope Gregory IX commissioned the Dominican Raymund of Peñafort to edit a comprehensive collection of papal decretals. This collection of nearly 2,000 decretals appeared in 1234 as the Decretales Gregorii IX, also known as the Liber Extra, which was also immediately sent to the universities of Bologna and Paris. In 1298, Pope Boniface VIII published the next major collection of decretals. He entrusted three canonists with its redaction.
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This material is still of importance to canon lawyers or canonists today, to interpret and analyze the canons and other forms of ecclesiastical law properly. The "Regulae Iuris" appear at the end of the Liber Sextus (in VI°),Liber Sextus Decretalium D. Bonifacii Papae VIII (Francofurdi 1586), pp. 252-260; See Regulæ Juris for a listing. and now published as part of the five Decretales in the Corpus Juris Canonici.
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73, in which rodius says: In Bonino's Case, which is cited in the course of the appellant's argument in Gill v. Bouchard as having been decided by the Court of Cassation of Turin (at that time part of the French Empire) in February 1810, and as being reported in the Journal du Palais périodique, VIII, 667, the court is reported to have decided that an open avowal made by a penitent in consequence of his being counselled in confession to make such avowal ought not to be received in evidence against him. Merlin and Muteau tell us that formerly the breach of the seal by a priest was punishable with death. Guyot says that canonists are not agreed as to whether the breach is an offence recognizable by the civil courts [si c'est un délit commun ou un cas royal], but that several canonists maintain that the civil judges ought to have cognizance of it.
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After the fall of the Roman Empire and up until the revival of Roman Law in the 11th century, canon law served as the most important unifying force among the local systems in the Civil Law tradition.Comparative Legal Traditions, pg. 43 The canonists introduced into post-Roman Europe the concept of a higher law of ultimate justice, over and above the momentary law of the state.Wormser, The Story of the LAW, pg.
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The post did not long survive in its original conception, however, and quickly became associated with ecclesiastical law, enjoying, according to J. Darrouzès, an intermediate position between the civil and ecclesiastical administrations. Thus in the 12th century, it was held by several notable canonists, such as Alexios Aristenos, Neilos Doxapatres, and Theodore Balsamon. In the 14th century, there were both civil and ecclesiastical nomophylakes, with the latter analogous to another ecclesiastical judicial office, the dikaiophylax.
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Among the many projects in which he was involved a particularly important one was the updating and unifying of the Code of Canons of the Eastern Churches [CCEO], that was ultimately promulgated by pope John Paul II in 1990. Following which he became the editor of the journal 'Kanonika', launched in 1992 with the purpose of helping canonists assimilate and clarify difficulties that might emerge in the implementation of the new Easter code.
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This is however not true of all of them; some had even been formally abrogated at the time when Chappuis made his collection; three decretals of John XXII are reproduced in both collections. Both the collections were printed in the official (1582) edition of the "Corpus Juris Canonici". This explains the favour they enjoyed among canonists. For a critical text of these collections, see Friedberg, "Corpus Juris Canonici" (Leipzig, 1879 1881), II.
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A parish priest by common law can dispense only from an interdict laid on a marriage by him or by his predecessor. Some canonists of note accord him authority to dispense from secret impediments in what are called embarrassing (perplexi) cases, i. e. when there is no time for recourse to the bishop, but with the obligation of subsequent recourse ad cautelam, i. e. for greater security; a similar authority is attributed by them to confessors.
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A well-known renunciation of a pope is that of Celestine V, in 1294. After only five months as pope, he issued a solemn decree declaring it permissible for a pope to resign, and then did so himself. He lived two more years as a hermit and then prisoner of his successor Boniface VIII, and was later canonised. Celestine's decree, and Boniface concurring (not revoking it), ended any doubt among canonists about the possibility of a valid papal renunciation.
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So, Fr. Plutarco Rodriguez was assigned to take care of the seminary from 1997-1999. It was during his term that there were liturgical innovations being done in the seminary activities. When the new Bishop came to take possession of the diocese after the death of Bishop Ataviado, Fr. Roel Handayan became the rector. The new Bishop Precioso Cantillas never lost time in getting closer to the diocesan seminary, the apple of his eye, as canonists put it.
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The Bible, the Fathers, and the Canonists, are all referenced. Calderwood lived to see the principles for which he had suffered, and which he had defended, in complete ascendency. He was present at the Glasgow Assembly in 1638, and saw Prelacy and the Ceremonies swept away. He breathed his last at Jedburgh, a fugitive from his parish of Pencaitland; and they laid him in the churchyard of Crailing, where the first years of his ministry were spent.
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In fact the Pisan pope was acknowledged by the majority of the Church, i.e. by France, England, Portugal, Bohemia, Prussia, a few parts of Germany, Italy, and the County of Venaissin, while Naples, Poland, Bavaria, and part of Germany continued to obey Gregory, and Spain and Scotland remained subject to Benedict. Many Catholic theologians and canonists are severe on the Council of Pisa. The Jesuit Cardinal Robert Bellarmine, however, said that the assembly was a general council which was neither approved nor disapproved.
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However, it was also argued that, if Gregory and Benedict were doubtful, so were the cardinals whom they had created. If the source of their authority was uncertain, so was their competence to convoke the universal church and to elect a pope.See the remarks of Brian Tierney on the doctrine of the deposition of an heretical pope, in: "Ockham, the Conciliar Theory, and the Canonists," Journal of the History of Ideas, 15. 1 (1954), 40-70, at pp. 47-68.
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According to canon law, marriage was forbidden among relatives from the first to the seventh generation. Though Conrad's marriage differed little from the usual practice of the time, strict canonists frowned upon the marriage and Emperor Henry II relied to this violation of canonical law when he forced Conrad into temporary exile. During this exile, Gisela bore Conrad a son, the future emperor Henry III, on October 28, 1017. Conrad and Emperor Henry II eventually reconciled and he returned to Germany.
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Licentiate of Canon Law (;EWTN Catholic Q&A;, Answer by Robert J. Flummerfelt, J.C.L. on 11-06-2004, accessed 25 April 2019. JCL) is the title of an advanced graduate degree with canonical effects in the Roman Catholic Church offered by pontifical universities and ecclesiastical faculties of canon law. Licentiate is the title of a person who holds an academic degree called a licence. The licentiate of canon law is the ordinary way for forming future canonists, according to Veritatis gaudium.
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During the 65 years of its enforcement, a complete translation of the 1917 Code from its original Latin was never published. Translations were forbidden, partly to ensure that interpretive disputes among scholars and canonists concerning such a new type of code would be resolved in Latin itself and not in one of the many languages used in scholarship.Edward N. Peters, 1917 Code, xxiv. More English-language research material exists relating to the 1917 Code than in any other language except Latin.
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It is never in itself an absolute proof, as it only presumes that something is true. Canonists divide presumption into: #presumption of law (juris), or that which is deduced from some legal precept or authority expressed in law or based upon precedents or similarities, and #presumption of a judge or man (judicis or hominis), when the law is silent on the subject and an opinion must be formed according to the way that circumstances and indications would affect a prudent man or judge.
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Later on the canonists added to the manuscripts of the "Decretals" the most important constitutions of succeeding popes. These were soon known and quoted as "Extravagantes", i. e. twenty constitutions of John XXII himself, and those of other popes to 1484. In the Paris edition of the canonical collections (1499–1505) Jean Chappuis drew them up in the form since then universally accepted, and kept for the first the name "Extravagantes Joannis XXII", and called the others, "Extravagantes communes", i. e.
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The Canonists and Pluralism in the Thirteenth Century. Speculum , 35-48. However, during the thirteenth century the pope's plenitudo potestatis expanded as the Church became increasingly centralized, and the pope's presence made itself felt every day in legislation, judicial appeals, and finance. Although Plenitudo potestatis had been used in canonical writings since the time of Pope Leo I (440-461), Pope Innocent III (1198-1216) was the first pope to use the term regularly as a description of papal governmental power.
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With the development of the papal primacy in the Middle Ages the papal letters grew enormously in number. The popes, following the earlier custom, insisted that their rescripts, issued for individual cases, should be observed in all analogous ones. According to the teaching of the canonists, above all of Gratian, every papal letter of general character was authoritative for the entire Church without further notification. Decrees (decreta) was the name given especially to general ordinances issued with the advice of the cardinals.
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The academic degrees in canon law are the J.C.B. (Iuris Canonici Baccalaureatus, Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. (Iuris Canonici Licentiatus, Licentiate of Canon Law) and the J.C.D. (Iuris Canonici Doctor, Doctor of Canon Law), and those with a J.C.L. or higher are usually called "canonists" or "canon lawyers". Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law. Canon law as a field is called Canonistics.
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Under his administration, the theological institute in Zadar became one of the best Orthodox schools. Nikodim corresponded with the greatest Eastern Orthodox and Roman Catholic canonists at the time: Alexis Stepanovich Pavloff (d. 1898), Alexander Theodorovich Lavroff, Vasili Vasilievich Bolotoff, Pietro Gasparri, Emil Albert Friedberg, Joseph Putzer, Friedrich Heinrich Vering. After the publication of his (hornbook), "Principles of Jurisdiction in the Eastern Orthodox Church," in which he again leveled criticism on the Austro- Hungarian authorities, he was forced to take refuge in Belgrade in late 1885.
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Thomas Aquinas never explicitly discusses the place of canon law in his Treatise on LawJ. Budziszewski, The Architecture of Law According to Thomas Aquinas; accessed 14 March 2016 (a small section of his Summa Theologiæ). However, Aquinas himself was influenced by canon law; the fourth clause of his famous 4-part definition of law—the requirement of promulgation—is taken from the canonists, and the sed contra of his article on promulgation cites Gratian (the "Father of Canon Law") as an authority.Blackfriars Summa Theologiæ Vol. 28, pg.
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As to the presumption judicis or hominis, it is denoted by the following: #It is called vehement, when the probability is very strongly supported by most urgent conjectures. Thus, a birth would be held illegitimate, which took place eleven months after a husband's decease. A vehement presumption is considered equivalent to a full proof in civil causes of not too great importance. As to whether it should have sufficient effect in criminal causes to produce the condemnation of an accused person, canonists do not agree.
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This book is influenced by several Canon law sources. Therefore, together with classical works of medieval Canon law such as the Gratian's Decree or the Decretals of Gregori IX, several important canonists can be pointed out: Henry of Segusio, saint Raymond of Penyafort or Geoffrey of Trani. The influence of other scholastical authors such as the Franciscans Alexander of Alessandria and Duns Scotus and even the Dominicans (although Eiximenis himself was a Franciscan) saint Thomas Aquinas and Durandus of Saint-Pourçain is also remarkable.Hernando i Delgado, Josep. “El Tractat d’usura de Francesc Eiximenis”.
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He may also commit the election to other persons, or even to one, as the bishop. The ancient canonists, when stating that three constitute a college, give also the numbers requisite for other canonical bodies, thus: five are necessary to form a university, two a congregation, more than two a family, and ten a parish. Among conspicuous ecclesiastical colleges may be mentioned the College of Cardinals and collegiate and cathedral chapters. The name college is specially applied also to corporate educational bodies within the Church, as without it.
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The Pope of 1983 with female altar servers The 1983 Code of Canon Law altered the juridical situation. Without distinguishing between male and female, it declared: "Lay persons can fulfill the function of lector in liturgical actions by temporary designation. All lay persons can also perform the functions of commentator or cantor, or other functions, according to the norm of law." With the promulgation of the 1983 Code of Canon Law, prominent canonists argued that this reservation to males no longer held,The Code of Canon Law: A Text and Commentary, ed.
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A revised version was published by Cambridge University Press in 1955 under the title Foundations of the Conciliar Theory.Foundations of the Conciliar Theory. The Contribution of the Medieval Canonists from Gratian to the Great Schism (Cambridge University Press, 1955). The book is still in print today (2016) In 1951, Tierney joined the faculty of The Catholic University of America in Washington D.C. and served as Instructor, Assistant Professor, and Associate Professor in the History Department there until 1959 when he was appointed Professor of Medieval History at Cornell University.
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He died of the plague at Konstanz. He was one of the greatest moralists and canonists of his time, and a copious writer on philosophical, moral, and juridical subjects. The most important of his thirty-three literary productions is a compendium of moral theology Theologia Moralis in quinque libros partita (Munich, 1625), of which a second and enlarged edition in six volumes appeared in 1626 at the same place. Until the second quarter of the eighteenth century it was edited repeatedly (latest edition, Mainz, 1723), and was extensively used as a textbook in seminaries.
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Page from medieval manuscript of the Decretum Gratiani. The Decretum Gratiani, also known as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as the Decretum, is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. It was used by canonists of the Roman Catholic Church until the Decretals, promulgated by Pope Gregory IX in 1234, obtained legal force.
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Since the Venice law had come into practice after the Emperor, the Emperor had not considered if it were good law. However, it clearly was and therefore it should be allowed to continue. The Commentators also harmonised canon law with Roman law to some extent. Canonists argued that bare agreement could give rise to an action (but they only had jurisdiction where that agreement was made by oath.) The Commentators said that the canon law was simply a form of clothing which could make a bare pact enforceable.
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Until the 14th century the court was formally known as the Apostolic Court of Audience. The first recorded use of the term Rota, which referred to the wheel-shaped arrangement of the benches used by the court in the great hall at Avignon, is in Thomas Fastolf's Decisiones rotae, consisting of reports on thirty-six cases heard at the Court of Audience in Avignon between December 1336 and February 1337.John Hamilton Baker, Monuments of endlesse labours: English canonists and their work (1998), p. 22 Its first usage in a papal bull is in 1418.
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Interference was mostly owing to courtier-canonists who flattered the secular rulers by dwelling upon the right of protection over the Church conceded in early days to the Christian Roman Emperors. The Church was recognized as autonomous in all things of the divine law and in matters of ecclesiastical discipline. When rulers like Charlemagne seemed to take upon themselves undue authority, insisting upon certain canons, the bishops claimed their sole right to govern the Church. Even in mixed assemblies of bishops and nobles and princes, the bishops insisted that the civil power should not encroach upon the rights of the Church, e. g.
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Nikodim Milaš grew up in a region where jurisprudence was founded on Roman and Byzantine law. His extensive and exact legal erudition, and the skill with which he wrote about the complex canonical laws, soon brought him a reputation never before equaled and caused him to be universally recognized as the greatest Eastern Orthodox canon lawyer of his day. Most of his work was translated into Russian, German, Romanian, Bulgarian and Greek, and has greatly influenced modern Orthodox canonists, including I. Bogović, C. Metrović, Professor S. Troitsky (the Russian-Serbian canonist), Branko Cisarž (d. 1982), and Dimsho Perić (d.
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After his ordination he served as a parish priest in the different localities of his diocese and was a Rector of the Major Theological Seminary of São José (2000–2011). In the same time he was a professor of the Canon Law in the diffenet Catholic educational institutes and worked as a judicial vicar. From 2011 he also is a President of the Brazilian Society of Canonists. On June 27, 2012, he was appointed by the Pope Benedict XVI as the Auxiliary Bishop of the Roman Catholic Archdiocese of São Paulo and Titular Bishop of Gergis.
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In the decades following the Second Vatican Council, many canonists called for a more theological, rather than philosophical, conception of canon law,Errázuriz, Fundamental Theory, pg. 71 acknowledging the "triple relationship between theology, philosophy, and canon law". Pope Benedict XVI, in his address of 21 January 2012 before the Roman Rota, taught that canonical laws can only be interpreted and fully understood within the Catholic Church in the light of her mission and ecclesiological structure.Benedict XVI, 2012 Roman Rota Address: Some authors conceive of canon law as essentially theological and the discipline of canon law as a theological subdiscipline, but Msgr.
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At d'Estouteville's inquiry of May 1452, two vital but highly placed witnesses were not called – Raoul Roussel, archbishop of Rouen and Jean Le Maître, vicar of the Inquisition in 1431. Though new testimonies were taken from two canons of Rouen cathedral, neither of them remembered very much about the events of 1431.Doncoeur and Lanhers, Estouteville, pg 19–20 By January 1453, d'Estouteville had returned to Rome, his principal mission to negotiate a peace having been unsuccessful.Doncoeur and Lanhers, Estouteville, pg 32 However, the Inquisitor Bréhal had been busy collecting information and learned opinions from canonists and theologians on the case.
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Noonan was tenured there three years later. Noonan was appointed, largely on account of his book Contraception: A History of Its Treatment by the Catholic Theologians and Canonists (1965), as a historical consultant to the papal commission established by Pope Paul VI, whose recommendation to relax the ban on birth control was then overruled. In 1966, Noonan moved to Boalt Hall, the law school of the University of California, Berkeley, where he became Robbins Professor of Law Emeritus. While at Berkeley, Noonan represented John Negre, a Catholic conscientious objector who insisted that the Church's just war theory forbade participation in the Vietnam War.
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Another student of Lefèvre was the anatomist Jacques Dubois. In the meantime Clément Marot, 1495–1544, the first true poet of the French literary revival, was composing his French versification of the Psalms and of Ovid's Metamorphoses. The Psalms were sung for pleasure by French princes and later for worship in Geneva and by the Huguenots. When Calvin studied the humanities and law at Bourges, Orléans and Paris, about 1520, he had for teachers Maturin Cordier and Pierre de L'Estoile, the canonists, and Melchior Wolmar, teacher of Greek, whose names the future Reformer records with gratitude and respect.
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Summons to a national or plenary council is to be sent to all archbishops and bishops of the nation, and they are obliged to appear, unless prevented by a canonical hindrance; to all administrators of dioceses sede plena or vacua, and to vicars capitular sede vacante; to vicars Apostolic possessed of episcopal jurisdiction; to the representatives of cathedral chapters, to abbots having quasi-episcopal jurisdiction. In the United States, custom has sanctioned the summoning of auxiliary, coadjutor, and visiting bishops; provincials of religious orders; all mitred abbots; rectors of major seminaries, as well as priests to serve as theologians and canonists.
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Canonists do not agree as to whether bishops hold these faculties by virtue of their ordinary power or by general delegation of the law. It seems to us more probable that those just described under #1 belong to them as ordinaries, while those under #2 are delegated. They are, therefore, empowered to delegate the former; in order to subdelegate the latter they must be guided by the limits fixed by the decree of 1888 and its interpretation dated 9 June 1889. That is, if it is a question of habitual delegation parish priests only should receive it, and only for cases where there is no time for recourse to the bishop.
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Except when the information given is false, still more when he acts spontaneously (motu proprio) and "with certain knowledge", the presumption always is that a superior is acting from just motives. It may be remarked that if the pope refuses to grant a dispensation on a certain ground, an inferior prelate, properly authorized to dispense, may grant the dispensation in the same case on other grounds which in his judgment are sufficient. Canonists do not agree as to whether he can grant it on the identical ground by reason of his divergent appreciation of the latter's force. Among the sufficient causes for matrimonial dispensations we may distinguish canonical causes, i. e.
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Canon law knows a few forms of laws: the canones, decisions made by Councils, and the decreta, decisions made by the Popes. The monk Gratian, one of the well-known decretists, started to organise all of the church law, which is now known as the Decretum Gratiani, or simply as Decretum. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. It was used by canonists of the Roman Catholic Church until Pentecost (19 May) 1918, when a revised Code of Canon Law (Codex Iuris Canonici) promulgated by Pope Benedict XV on 27 May 1917 obtained legal force.
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Clement, who already as cardinal had expressed his view as to the necessity of living in peace and harmony with the heads of Christian states, omitted its publication, but did not formally abrogate it. Pius V had inserted a clause in it, which stated that it would continue to have the force of law until the Holy See should substitute another in its place. In the quinquennial faculties delivered to bishops, the pope continued to grant power to absolve from its cases. This was done so late as 1855 by Pius IX. For these reasons theologians and canonists commonly held that the main provisions of the Bull were still in force.
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In Catholic canon law, amovibility is a term applied to the condition of certain ecclesiastics in regard to their benefices or offices. Holders of so- called perpetual or irremovable dignities can in certain specified cases be deprived of their offices; but the term "amovibility" is generally restricted to office-holders removable at the will of the bishop. The term covers most of the rectors of churches in the United States and England, as also in general and everywhere those who have charge of succursal churches or are parish assistants. Under the head of removable dignitaries, canonists generally class also vicars-general, archdeacons, and rural deans.
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The Parlement issued its Extraits des assertions assembled from passages from Jesuit theologians and canonists, in which they were alleged to teach every sort of immorality and error. On 6 August 1762, the final arrêt was proposed to the Parlement by the Advocate General Joly de Fleury, condemning the Society to extinction, but the king's intervention brought eight months' delay and in the meantime a compromise was suggested by the Court. If the French Jesuits would separate from the Society headed by the Jesuit General directly under the pope's authority and come under a French vicar, with French customs, as with the Gallican Church, the Crown would still protect them. The French Jesuits, rejecting Gallicanism, refused to consent.
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The avowed object of the early collections was to render assistance to canonists by bringing within their reach papal enactments which either had been overlooked by the compilers of the "corpus" or which had been issued subsequently to the latest decrees included in it. Various collections of relatively recent papal constitutions were published in the early part of the sixteenth century. A typical specimen of such booklets is supplied by a rare little volume of sixty-two pages printed at Rome per Stephanum Guillereti in regione Parionis 1509, a copy of which is in the British Museum Library. A contribution of more substantial volume appears to have been a volume edited by Mazzutellus in 1579 which contained 723 documents.
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Theologians and canonists in dealing with this subject usually have two historical texts as basis. The optional and meritorious confession of slight faults to any Christian is set forth in Venerable Bede's Commentary on the Epistle of St. James: "Confess your sins one to another" (Confitemini alterutrum peccata vestra). "It should be done", says the holy doctor, "with discernment; we should confess our daily and slight faults mutually to our equals, and believe that we are saved by their daily prayer. As for more grievous leprosy (mortal sin), we should, according to the law, discover its impurity to the priest, and according to his judgement carefully purify ourselves in the manner and time he shall fix".
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It was a masterpiece of the Gothic style, and is a monument of what Catholic art and Catholic self-sacrifice were able to create under the leadership of zealous archbishops and prelates. The labours of the archbishops extended in all directions. Some were zealous pastors of their flocks, such as Jarler and others; some were distinguished canonists, such as Birger Gregersson (1367–83) and Olof Larsson (1435-8); others were statesmen, such as Jöns Bengtsson Oxenstierna (d. 1467), or capable administrators, such as Jacob Ulfsson Örnfot, who was distinguished as a prince of the Church, royal councillor, patron of art and learning, founder of the University of Uppsala and an efficient helper in the introduction of printing into Sweden.
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Pedro Lombardía (Córdoba, 1930-Pamplona, 1986) was a Spanish canonist and pioneer of the Study of State Ecclesiastical Law in Spain. He held the chairs of Canon Law and State Ecclesiastical Law at the University of Navarra and the Complutense University of Madrid. Lombardía was the founder of the School of Lombardía, a group of canonists who advocated for a methodological modernization of canon law. Lombardía and his followers shared an interest of overcoming the exegetical method to and replace by the systematic approach with the Italian School of Canon Law but disagree with their theory of canonizatio according to which the ultimate criteria of unity of the canonic order is in the acts of the ecclesiastical authority.
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He is a guest professor at the University of Stellenbosch, University of Paris, University of Nijmegen, and University of Strasbourg. Torfs also serves on the academic advisory board for the International Center for Law and Religion Studies at Brigham Young University and is a member of the board of experts at International Religious Liberty Association. He is a former president and board member of the European Consortium for Church and State Research and founder and board member of the Working Group Nederlandstalige Canonisten (Dutch-speaking Canonists). He became a member of the Commission for Intercultural dialogue in 2005, the Commissie ter invulling van de cursus maatschappelijke oriëntatie in 2006, and Les Assises de l’Interculturalité in 2009.
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March 1566 brought the peak of enforcement against nonconformity, with the Diocese of London targeted as an example, despite Parker's expectation that it would leave many churches "destitute for service this Easter, and that many [clergy] will forsake their livings, and live at printing, teaching their children, or otherwise as they can." The London clergy were assembled at Lambeth Palace. Parker had requested but failed to gain the attendance of William Cecil, Lord Keeper Nicholas Bacon, and the Lord Marquess of Northampton, so it was left to Parker himself, bishop Grindal, the dean of Westminster, and some canonists. One former nonconformist, Robert Cole, was stood before the assembly in full canonical habit.
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This work in detail deals with the notion of the criminal laws (in the meaning of "lex"), with nature and purpose of penalty and with the relations of delict and penalty. Castro therein presents not only the prescription of analogy and the principle of restrictive interpretation in criminal law, but, with his own radicalness, he acuminates the notion of penalty (poena) completely to the penalty for guilt, and, accordingly and for the first time in history, fits penalty with moral blame. His notion of penalty survives through the canonists Martin de Azpilcueta and Diego de Covarubias y Leyva in secular criminal law. After his death the collected works were published in Paris 1565 in four volumes.
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The labours of the archbishops extended in all directions. Some were zealous pastors of their flocks, such as Jarler and others; some were distinguished canonists, such as Birger Gregerson (1367–83) and Olof Larsson (1435-8); others were statesmen, such as Jöns Bengtsson Oxenstjerna (d. 1467), or capable administrators, such as Jacob Ulfsson Örnfot, who was distinguished as a prince of the Church, royal councillor, patron of art and learning, founder of the University of Upsala and an efficient helper in the introduction of printing into Sweden. There were also scholars, such as Johannes Magnus (died 1544), who wrote the "Historia de omnibus Gothorum sueonumque regibus" and the "Historia metropolitanæ ecclesiæ Upsaliensis", and his brother Olaus Magnus (d.
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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.
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Cardinal Connell, the only living archbishop of the four mentioned in the Report, expressed his "bitter regret that failures on my part contributed to the suffering of victims in any form." Connell was partly credited in the Report for initiating two canonical trials in the 1990s, "...in the face of strong opposition from one of the most powerful canonists in the Archdiocese, Monsignor Sheehy,"Report, section 1.26 but had released only 17 cases to police out of 28 on the archdiocese's records. "Because of acts or omissions, individuals who sought assistance did not always receive the level of response or protection which any citizen in trouble is entitled to expect," said Ireland's police commissioner, Fachtna Murphy. Murphy added he was "deeply sorry".
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An important effect of issuing a document in this way is that a rescript containing the clause motu proprio is valid and produces its effect even in cases where fraud would ordinarily have vitiated the document, since the Pope does not rely on the reasons alleged when he grants a favour. Withholding of the truth in what, according to canonical law, style and practice, must for validity be expressed, normally renders a rescript invalid, but not if the rescript is issued motu proprio. Consequently, canonists traditionally called the clause the "mother of repose". The designation motu proprio indicates that the validity of the document is independent of the validity of whatever reasons may have been adduced in a request for its issuance.
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Many canonists, in the years preceding the Second Vatican Council, considered the justification and basis for canon law being a true legal system to be that the Catholic Church was established by Jesus Christ as a Communitas Perfecta, and as such was a true human society which had the right to make human law. Fernando della Rocca asserted that it is a "fundamental principle of canon law which insists on the right of the Church as a perfect society,In the context of ecclesiological discourse, "perfect society ()" and "perfect community (communitas perfecta)" have the same meaning and are used interchangeably. to determine, particularly in the field of legislation, the limits of its own power."Della Rocca, Manual of Canon Law, pg. 60.
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Later conciliar theorists like Jacques Almain rejected Marsilius's argument to that effect, preferring more traditional clericalism modified to be more constitutional and democratic in emphasis. Conciliar theory has its roots and foundations in both history and theology, arguing that many of the most important decisions of the Catholic Church have been made through conciliar means, beginning with the First Council of Nicaea (325). Conciliarism also drew on corporate theories of the church, which allowed the head to be restrained or judged by the members when his actions threatened the welfare of the whole ecclesial body. The canonists and theologians who advocated conciliar superiority drew on the same sources used by Marsilius and Ockham, but they used them in a more conservative way.
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No canonical statute has positively defined what this length of time is, and so its determination is left to the wisdom of canonists. Authors generally hold that for the legalizing of a custom in accordance with or beside the law (juxta or prœter legem) a space of ten years is sufficient; while for a custom contrary (contra) to law many demand a lapse of forty years. The reason given for the necessity of so long a space as forty years is that the community will only slowly persuade itself of the opportuneness of abrogating the old and embracing the new law. The opinion, however, which holds that ten years suffices to establish a custom even contrary to the law may be safely followed.
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At the First Vatican Council several bishops asked for a new codification of the canon law, and after that several canonists attempted to compile treatises in the form of a full code of canonical legislation, e.g. de Luise (1873), Pillet (1890), Pezzani (1894), Deshayes (1894), Collomiati (1898–1901). Pius X determined to undertake this work by his decree "Arduum sane munus" (19 March 1904), and named a commission of cardinals to compile a new "Corpus Juris Canonici" on the model of the codes of civil law. The 1917 Codex Iuris Canonici (CIC, Code of Canon Law) was the first instance of a new code completely re-written in a systematic fashion, reduced to a single book or "codex" for ease of use.
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Although Roman Catholic canonists admit that theological errors, and in the case of Theodore very serious ones, can be found in the writings, the mistakes of Theodoret and Ibas were chiefly but not wholly due to a misunderstanding of the language of Cyril of Alexandria. However these errors do not make the decision of condemnation easy, for there were no good precedents for dealing harshly with the memory of men who had died in peace with the Church. Facundus, Bishop of Hermiane, pointed out in his Defensio trium capitulorum that Saint Cyprian had erred about the rebaptism of heretics, yet no one would dream of anathematizing him. The condemnation of the "Three Chapters" was demanded primarily to appease opponents of the Council of Chalcedon.
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A group of canonists established the Canon Law Society of America on November 12, 1939, in Washington, DC, as a professional association, dedicated to the promotion of both the study and the application of canon law in the Catholic Church. The Society remains active in study and the promotion of canonical and pastoral approaches to significant issues within the Catholic Church, both the Latin or Roman Catholic Church and the Eastern Catholic Churches. Since its founding, and especially since Pope John XXIII called for the revision of the first Code of Canon Law of 1917, the Society has offered its services in the United States for the revitalization and proper application of church law. On February 13, 1981, the Society incorporated as a non-profit corporation in the District of Columbia.
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According to Respect For Unborn Human Life: The Church's Constant Teaching, a document released by United States Conference of Catholic Bishops Committee on Pro-Life Activities, the Catholic Church has condemned procured abortion as immoral since the 1st century.Respect for Unborn Human Life: the Church's Constant Teaching However, this claim has been disputed by several historians, including John Connery,John Connery, Abortion: The Development of the Roman Catholic Perspective, Loyola University Press, 1997. Ann Hibner Koblitz,Ann Hibner Koblitz, Sex and Herbs and Birth Control: Women and Fertility Regulation Through the Ages, Kovalevskaia Fund, 2014. Angus McLaren,Angus McLaren, A History of Contraception from Antiquity to the Present Day, Basil Blackwell, 1990. John Noonan,John Noonan, Contraception: A History of Its Treatment by the Catholic Theologians and Canonists, Harvard University Press, 1965 (2nd edition 1986).
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Twelfth-century canonists, like Saint Ivo of Chartres and Gratian, still used the Liber Diurnus, but subsequently it ceased to be consulted, and was finally completely forgotten. During the 17th century a manuscript of the Liber Diurnus was discovered in the monastery of Santa Croce in Gerusalemme in Rome by the humanist Lucas Holstenius, who also obtained another manuscript from the Jesuit Collège de Clermont in Paris. The death of Holstenius and pressure from the ecclesiastical censors led to the edition printed at Rome in 1650 being withheld from publication, the copies being stored at the Vatican. The reason for so doing was apparently formula lxxxiv, which contained the profession of faith of the newly elected pope, in which the latter recognized the Sixth General Council and its anathemas against Pope Honorius for his Monothelism.
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The young civilian's ability soon manifested itself, and the pope endeavoured to bind to himself one who seemed likely to fill an influential place in English politics. By his desire, Bateman took up his residence at the Papal Court at Avignon, where he rose through various lucrative and dignified offices until finally, in that or the succeeding pontificate, he was appointed auditor of the palace. He is said to have fulfilled the duties of this office with such inflexible justice and solidity of judgment that he was regarded both by the pope and his court as ‘the flower of civilians and canonists’. He retained the same high reputation with John's successor, Benedict XII (1334), by whose provision he was made dean of Lincoln, which dignity we find him holding in 1340.
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In the course of time the number of canonical excommunications was excessively multiplied, which made it difficult to know whether many among them were always in force. The number of excommunications latae sententiae enumerated by the moralists and canonists had increased to almost 200. In the preamble of the Constitution "Apostolicae Sedis", Pius IX stated that during the course of centuries, the number of censures latae sententiae had increased inordinately, that some of them were no longer expedient, that many were doubtful, that they occasioned frequent difficulties of conscience, and finally, that a reform was necessary. Apostolicae Sedis moderationi was a papal bull issued by Pope Pius IX on 12 October 1869, which revised the list of censures that in canon law were imposed automatically (latae sententiae) on offenders.
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These articles, though Febronius was prohibited in the archdioceses, were wholly Febronian in tone; and, indeed, Hontheim himself took an active part in the diplomatic negotiations which were their outcome. An attempt was made to realize the principles of the "Febronius" on a large scale in Austria, where under Joseph II a national Church was established according to the plan outlined. Joseph's brother, Leopold II, Grand Duke of Tuscany, made efforts in the same direction in the Grand Duchy of Tuscany. Lauchert wrote that it was Austrian canonists who contributed most towards the compilation of a new law code regulating the relations of Church and State, which was used under Joseph II; especially noteworthy were the textbooks on canon law prescribed for the Austrian universities, and compiled by Paul Joseph von Riegger, by Josef Johann Nepomuk Pehem, and by Johann Valentin Eybel.
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14 This was however not a reciprocal right and non-Christian missionaries such as those of Muslims could not be allowed to preach in Europe "because they are in error and we are on a righteous path." A long line of Papal hierocratic canonists, most notably those who adhered to Alanus Anglicus's influential arguments of the Crusading-era, denied Infidel dominium, and asserted Rome's universal jurisdictional authority over the earth, as well as the right to authorize pagan conquests solely on the basis of non-belief because of their rejection of the Christian God.Williams, pp. 41, 61–64 In the extreme, the hierocractic canonical discourse of the mid- twelfth century, such as that espoused by Bernard of Clairvaux, the mystic leader of the Cisertcians, legitimized German colonial expansion and practice of forceful Christianisation in the Slavic territories as a holy war against the Wends, arguing that infidels should be killed wherever they posed a menace to Christians.
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According to Bell, Hales 'imparted to Beale his views on religious and social reform, as well as his interest in classical learning'.. Although he never took a degree, Beale studied civil law, and may have attended Cambridge.. As a Marian exile Beale studied at Strasbourg, where he lived at the house of Sir Richard Morison. After Morison died in 1556, Beale studied 'logic, rhetoric and Greek' under John Aylmer at Zurich.. In 1562 Lord John Grey of Pyrgo consulted him concerning the validity of the marriage of his niece Lady Catherine Grey with Edward Seymour, 1st Earl of Hertford, and Beale made a journey to the continent to lay the case before OldendorpiusJohann Oldendorp, 1480–1567 and eminent Italian canonists. The opinion which Beale formed he subsequently maintained in a Latin tract; a royal commission, with Archbishop Matthew Parker at its head, pronounced the marriage void at the time, but its validity was established in 1606.
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Pope St. Pius X, who ordered the codification of canon law in 1904 Since the close of the ‘’Corpus Juris’’ numerous new laws and decrees had been issued by popes, councils, and Roman Congregations. No complete collection of them had ever been published and they remained scattered through the ponderous volumes of the ‘’Bullaria’’ the ‘’Acta Sanctae Sedis’’, and other such compilations, which were accessible to only a few and for professional canonists themselves and formed an unwieldy mass of legal material. Moreover, not a few ordinances, whether included in the ‘’Corpus Juris’’ or of more recent date, appeared to be contradictory; some had been formally abrogated, others had become obsolete by long disuse; others, again, had ceased to be useful or applicable in the present condition of society. Great confusion was thus engendered and correct knowledge of the law rendered very difficult even for those who had to enforce it.Ayrinhac, ‘’General Legislation’’ §55.
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The punishments which may be inflicted by the external ecclesiastical forum are not only spiritual as excommunication, but also temporal or corporal. As regards the infliction of the death penalty, canonists generally hold that ecclesiastical law forbids inferior church tribunals to decree this punishment directly, but that the pope or a general council has the power, at least indirectly, in as much as they can demand that a Catholic state inflict this punishment when the good of the Church requires it. Finally, they hold that there is no valid argument to prove that the direct exercise of this power does not fall within the competence of the ecclesiastical forum, although it was the custom of the latter to hand over the criminal to the secular arm for the infliction of the death penalty. The encroachments of the civil power on the Church's jurisdiction have in our days, practically though unwarrantly, restricted the ecclesiastical forum to spiritual causes only.
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2) and by John V. Kruse.Kruse's conclusions on the basis of papal bulls of the time give uncertain results about the existence in them of the notion of papal infallibility (Abstract of John V. Kruse, "Reevaluating The Origins of Papal Infallibility" (Saint Louis University 2005) Klaus Schatz says Olivi by no means played the key role assigned to him by Tierney, who failed to acknowledge the work of earlier canonists and theologians, and that the crucial advance in the teaching came only in the 15th century, two centuries after Olivi; and he declares that, "It is impossible to fix a single author or era as the starting point." Ulrich Horst criticized the Tierney view for the same reasons. In his Protestant evaluation of the ecumenical issue of papal infallibility, Mark E. Powell rejects Tierney's theory about 13th-century Olivi, saying that the doctrine of papal infallibility defined at Vatican I had its origins in the 14th century – he refers in particular to Bishop Guido Terreni – and was itself part of a long development of papal claims.
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The printed work was submitted to Clement VIII, in 1598 for his approbation, which was refused. A new revision undertaken in 1607-08 had a similar fate, the reigning pope Paul V declining to approve the "Liber Septimus" as the obligatory legal code of the Church. It is divided into five books, subdivided into titles and chapters, and contains disciplinary and dogmatic canons of the Council of Florence, First Lateran Council and that of Trent, and apostolic constitutions of twenty-eight popes from Gregory IX to Clement VIII. The refusals of approbation by Clement VIII and Paul V are to be attributed, not to the fear of seeing the canons of the Council of Trent glossed by canonists (which was forbidden by the Bull of Paul IV, "Benedictus Deus", confirming the Council of Trent), but to the political situation of the day, several states having refused to admit some of the constitutions inserted in the new collection, and also to the fact that the Council of Trent had not yet been accepted by the French Government; it was therefore feared that the Governments would refuse to recognize the new code.
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Roy Martin Haines, Archbishop John Stratford, Political Revolutionary and Champion of the Liberties of the English Church, ca. 1275/80-1348 (1986), p. 117 St David's Cathedral Fastolf gained various preferments at home as rewards for his services. In 1326 he was appointed prebendary of York and archdeacon of Coventry and later gained several other prebends. From 1340 to 1347 he was archdeacon of Norwich, and from 1347 to 1352 archdeacon of Wells. Although common lawyers had begun reporting cases in England during the 1260s, Fastolf is credited as the first who can be identified as reporting cases in the Rota. In the tradition of common law, Fastolf wrote a series of reports on thirty-six cases heard at the Rota in Avignon between December 1336 and February 1337, constituting a journal of the debates among the first grade auditors over some two and a half months, the Decisiones rotae.John Hamilton Baker, Monuments of endlesse labours: English canonists and their work (1998), p. 22 This work by Fastolf was published in Rome in 1475 under the name of Thomas Falstoli, providing a model for the reporting of secular cases in Italy and France, so that reports of cases became a feature of the European jus commune until the time of Napoleon.
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