But the best canonists, from the Roman professor De Angelis (Prael.
Cranmer suggested that if the canonists and the universities should decide that marriage with a deceased brother's widow was illegal, and if it were proved that Catherine had been married to Prince Arthur, her marriage to Henry could be declared null and void by the ordinary ecclesiastical courts.
Not to speak of the canonists, Thomas Aquinas gives natural law an important place; while Melancthon, drawing from Aquinas, gives it an entrance into Protestant thought.
With the later 9th century we enter upon a new epoch, and by the time of Gregory VII., in the 11th century, the tribunals have fallen into the hands of a regular class of canonists who are in fact professional church-lawyers in orders.
The substitution of " civilians," rather than common lawyers, for canonists (civilians, hitherto, not an important body in England) had important consequences (see Maitland, op. cit.
Prelacy is defined by the canonists as "pre-eminence with jurisdiction" (praeeminentia cum jurisdictione), and the idea supposes an episcopal or quasi-episcopal jurisdiction.
It is not unlike the procedure of the canonists and casuists of the middle ages with regard to the doctrine of usury, by which the doctrine was to all appearances preserved intact while in reality it was stripped of all its original meaning by innumerable distinctions " over-curious and precise."
The canonists define the degrees of suspicion as "light" calling for vigilance, "vehement" demanding denunciation, and "violent" requiring punishment.
Declared that to lead a solitary life, to refuse to accommodate oneself to the prevailing manners of society, and to frequent unauthorized religious meetings were abundant grounds of suspicion; while later canonists were accustomed to give lists of deeds which made the doers suspect: a priest who did not celebrate mass, a layman who was seen in clerical robes, those who favoured heretics, received them as guests, gave them safe conduct, tolerated them, trusted them, defended them, fought under them or read their books were all to be suspect" (T.M.
The phrase exercised the minds of learned canonists all through the middle ages, but still held its ground.
Nobody, however, has ventured exactly to reconstitute this hypothetical phrase; nor is the theory easy to reconcile with (i.) the uncertainty of canonists at the time when the locution was quite recent, (ii.) the fact that Clement V.
It should be said, however, that most of these practices met with very considerable opposition both from councils and from theologians and canonists, amongst others from the English canonist William Lyndwood (Provinciale, lib.
From this time forward it was increasingly used by popes and canonists in support of the papal pretensions, and from the 12th century onwards became a powerful weapon of the spiritual against the temporal powers.
The great scholastic controversies had already begun in the schools of France; the revival of Roman law had called forth the university of Bologna, and the canonists had begun the codification of the law of the Church.
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.
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.
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.
Tion 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.
This is why we find in them hardly any documents earlier than the time of Gratian, and also why canonists have 1 See Laurin, Introductio in corpus juris canonici, c. vii.
The " decretalists " commented on the new collection, as the " decretists " had done for that of Gratian; but the canonists were not legislators: even the summaries which they placed at the head of the chapters could not be adduced as legislative texts.
The abstract law was to be found rather in the Summae of the canonists than in the decretals.
At the instance of the university of Bologna, Boniface VIII., himself an eminent canonist, had this prepared by a committee of canonists and published it in 1298.
Thus was closed, as the canonists say, the Corpus juris canonici; but this expression, which is familiar to us nowadays, is only a bibliographical term.
1271), commonly called (cardinalis) Hostiensis, whose Summa Hostiensis or Summa aurea is a work of the very highest order; Wilhelmus Durantis or Durandus, Joannes Andreae, Nicolas de Tudeschis (abbas siculus), &c. The 15th century produced few original treatises; but after the council of Trent the Corpus juris was again commented on by distinguished canonists, e.g.
Canonists obtained the recent texts as they could.
The laws are formulated in general terms, and the decisions in particular cases relegated to the sphere of juris prudence; and the canonists have definitely lost the function which fell to them in the 12th and 13th centuries: they receive the law on authority and no longer have to deduce it from the texts.
That which is favoured by canonists is Richter's edition (Leipzig, 1863), in which each chapter de reformatione is followed by a selection of decisions of the S.C. of the council.
A commission of cardinals, of which he himself became Method president; also a commission of " consultors " resident at Rome, which asked for a certain amount of assistance from canonists at various universities and seminaries.
This relation was soon by the canonists identified with the blood-tie which connects real parents with their offspring, and the corollary drawn that children, who in baptism had the same god-parent, were real brothers and sisters, who might not marry either each the other or real children of the said god-parent.