Canonists sentence example
On some of these points the codes differ, and the whole is to be regarded as the ideal qualification, built up theoretically by the canonists.
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.
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."Advertisement
The canonists define the degrees of suspicion as "light" calling for vigilance, "vehement" demanding denunciation, and "violent" requiring punishment.
The phrase exercised the minds of learned canonists all through the middle ages, but still held its ground.
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.Advertisement
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.
The reason for this is that in most cases the decretals did not formulate any law, but were merely solutions of particular cases, given as models; to arrive at the abstract law it was necessary to examine the solution in each case with regard to the circumstances and thus formulate a rule; this was the work of the canonists.
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.
Canonists obtained the recent texts as they could.Advertisement
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.
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.
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.
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.
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.Advertisement