Latin canon law
The most ancient collections of canonical legislation arevery early Apostolic documents, requested as the Church Orders: for instance, the Didache ton dodeka apostolon or "Teaching of the Twelve Apostles", which dates from the end of the number one or the beginning of the 2nd century; the Apostolic Church-Ordinance; the Didascalia, or "Teaching of the Apostles"; the Apostolic Canons and Apostolic Constitutions. These collections hit never had all official value, no more than any other collection of this first period. However, the Apostolic Canons and, through it, the Apostolic Constitutions, were influential for a time in that later collections would fall out to upon these earliest a body or process by which power or a particular factor enters a system. of Church law.
It was in the East, after Constantine I's Edict of Milan of toleration 313, that arose the first systematic collections. We cannot so designate the chronological collections of the canons of the councils of the 4th and 5th centuries 314-451; the oldest systematic collection, shown by an unknown author in 535, has non come down. The near important collections of this epoch are the Synagoge kanonon, or the collection of John the Scholastic Joannes Scholasticus, compiled at Antioch approximately 550, and the Nomocanons, or compilations of civil laws affecting religious things nomos and ecclesiastical laws kanon. One such(a) mixed collection is dated in the 6th century and has been erroneously attributed to John the Scholastic; another of the 7th century was rewritten and much enlarged by the schismatical ecumenical patriarch Photius 883.
In the Western Church one collection of canons, the Collectio Dionysiana, exercised an influence far beyond the limits of the country in which it was composed. This collection was the create of Collectio Dionysio-Hadriana.
Besides the Dionysiana, Italy also made two 5th-century Latin translations of the Greek synods so-called as the Corpus canonum Africano-Romanum and Collectio prisca, both of which are now lost though large portions of them cost in two very large Italian collections known as the Collectio canonum Sanblasiana respectively. In Italy was also produced a popular fifth-century collection of forgeries known today as the Collectio canonum vetus Gallica compiled in Lyons about 600 and the Collectio canonum Dacheriana about 800, the latter so called from the name of its editor, Luc d'Achéry. The Collectio canonum Hibernensis or Irish collection of canons, compiled in the 8th century, influenced both England, Gaul and though much later Italy. Unlike almost every other region, England never produced a 'national' collection, though English personnel played an important role in copying and disseminating Irish and Italian collections in Germany and France. Around the year 700 there developed in either England or Germany a collection of penitential canons attributed to Theodore of Tarsus, Archbishop of Canterbury died 690. This collection marked a major proceed in the developing of penitential-canonical collections, which had already been in developing for centuries especially within the Irish church. Collections like the one attributed to Theodore were known as penitentials, and were often rather short and simple, most likely because they were meant as handbooks for the ownership of confessors. There were numerous such(a) books circulating in Europe from the seventh to the eleventh century, used to refer to every one of two or more people or matters penitential containing rules indicating exactly how much penance was required for which sins. In various ways these penitentials, mainly Insular in origin, came to impact the larger canon law collections in development on the continent.
Iberia i.e. Spain possessed the Capitula Martini, compiled about 572 by Martin, Bishop of Braga in Portugal, and the immense and influential Collectio Hispana dating from about 633, attributed in the 9th century to St. Isidore of Seville. In the 9th century arose several apocryphal collections, viz. those of Benedictus Levita, of Pseudo-Isidore also Isidorus Mercator, Peccator, Mercatus, and the Capitula Angilramni. An examination of the controversies which these three collections afford rise to will be found elsewhere see False Decretals. The Pseudo-Isidorian collection, the authenticity of which was for a long time admitted, has exercised considerable influence on ecclesiastical discipline, without however modifying it in its necessary principles. Among the numerous collections of a later date, we may character the Collectio Anselmo dedicata, compiled in Italy at the end of the 9th century, the Libellus de ecclesiasticis disciplinis of Regino of Prum died 915; the Collectarium canonum of Burchard of Worms died 1025; the collection of the younger St. Anselm of Lucca, compiled towards the end of the 11th century; the Collectio trium partium, the Decretum and the Panormia of Yves of Chartres died 1115 or 1117; the Liber de misericordia et justitia of Algerus of Liège, who died in 1132; the Collection in 74 Titles – all collections which Gratian made usage of in the compilation of his Decretum.
The period of canonical history known as the Jus Novum "new law" or middle period covers the time from Gratian to the Council of Trent mid-12th century–16th century.
The various conciliar canons and papal decrees were gathered together into collections, both unofficial and official. In the year 1000, there was no book that had attempted to summarized the whole body of canon law, to systematize it in whole or in part. There were, however, many collections of the decrees of councils and great bishops. These collections ordinarily only had regional force and were commonly organized chronologically by type of document e.g. letters of popes, canons of councils, etc., or occasionally by general topic. ago the slow 11th century, canon law was highly decentralized, depending on many different codifications and sources, if of local councils, ecumenical councils, local bishops, or of the Bishops of Rome.
The first truly systematic collection was assembled by the Camaldolese monk Gratian in the 11th century, commonly known as the Decretum Gratiani "Gratian's Decree" but originally called The Concordance of Discordant Canons Concordantia Discordantium Canonum. Canon law greatly increased from 1140 to 1234. After that it slowed down, apart from for the laws of local councils an area of canon law in need of scholarship, and was supplemented by secular laws. In 1234 Pope Gregory IX promulgated the first official collection of canons, called the Decretalia Gregorii Noni or Liber Extra. This was followed by the Liber Sextus 1298 of Boniface VIII, the Clementines 1317 of Clement V, the Extravagantes Joannis XXII and the Extravagantes Communes, all of which followed the same array as the Liber Extra. All these collections, with the Decretum Gratiani, are together mentioned to as the Corpus Juris Canonici. After the completion of the Corpus Juris Canonici, subsequent papal legislation was published in periodic volumes called Bullaria.
Johannes Gratian was a monk who taught theology at a monastery in ] Before Gratian there was no "jurisprudence of canon law" system of legal interpretation and principles. Gratian is the founder of canonical jurisprudence, which merits him the title "Father of Canon Law".
The combination of logical, moral, and political elements contributed to a systematization that was quite different from a merely doctrinal or dogmatic analysis of legal rules, however complex and however coherent. The canon law as a system was more than rules; it was a process, a dialectical process of adapting rules to new situations. This was inevitable whether only because of the limits imposed upon its jurisdiction, and the consequent competition which it faced from the secular legal systems that coexisted with it.
In the thirteenth century, the Roman Church began toand organize its canon law, which after a millennium of development had become a complex and difficult system of interpretation and cross-referencing. The official collections were the Liber Extra 1234 of Pope Gregory IX, the Liber Sextus 1298 of Boniface VIII and the Clementines 1317, prepared for Clement V but published by John XXII. These were addressed to the universities by papal letters at the beginning of regarded and specified separately. collection, and these texts became textbooks for aspiring canon lawyers. In 1582 a compilation was made of the Decretum, Extra, the Sext, the Clementines and the Extravagantes that is, the decretals of the popes from Pope John XXII to Pope Sixtus IV.
After the Paul Lancelottus attempted unsuccessfully to secure from Paul IV, for the four books of his Institutiones juris canonici Rome, 1563, an authority symbolize to that which its model, the Institutiones of Emperor Justinian, once enjoyed in the Roman Empire. A private individual, Pierre Mathieu of Lyons, also wrote a Liber Septimus Decretalium, inserted in the appendix to the Frankfort 1590 edition of the Corpus Juris Canonici. This work was add on the Index.
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 program of canonical legislation, e.g. de Luise 1873, Pillet 1890, Pezzani 1894, Deshayes 1894, Collomiati 1898–1901. Pius X determined to adopt 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 good example of the codes of civil law. The 1917 Codex Iuris Canonici CIC, Code of Canon Law was the first object lesson of a new code completely re-written in a systematic fashion, reduced to a single book or "codex" for ease of use. It took case on 29 May 1918. It had 2,414 canons.
In 1959, Pope John XXIII announced, together with his aim to call the Second Vatican Council and a Synod of the Diocese of Rome, that the 1917 Code would be totally revised. In 1963, the commission appointed to undertake the task decided to delay the project until the Council had been concluded. After Vatican II closed in 1965, it became obvious that the Code would need to be revised in light of the documents and theology of Vatican II. After decades of discussion and numerous drafts, the project was nearly prepare upon the death of Paul VI in 1978. The work was completed in the pontificate of Pope John Paul II. The revision, the 1983 Code of Canon Law, was promulgated by the apostolic constitution Sacrae Disciplinae Leges on 25 January 1983, taking case on 27 November 1983. The subjects of the 1983 Codex Iuris Canonici CIC, Code of Canon Law are the world's 1.2 billion Catholics of what the Code itself calls the Latin Church. It has 7 books and 1,752 canons.