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Canon law is internal ecclesiastical law governing the Roman Catholic Church, the Eastern Orthodox churches, and the Anglican Communion of churches. The Eastern Orthodox Church is the second largest single Christian Communion in the world Anglicanism is a tradition of Christian faith Churches in this tradition either have historical connections to the Church of England or have similar beliefs [1] The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its In all three traditions, a canon was initially a rule adopted by a council (From Greek kanon / κανών, for rule, standard, or measure); these canons formed the foundation of canon law. This is a general introduction to ecumenical councils For the Roman Catholic councils, see Catholic Ecumenical Councils. Greek (el ελληνική γλώσσα or simply el ελληνικά — "Hellenic" is an Indo-European language, spoken today by 15-22 million people mainly

Contents

Canons of the Apostles

Main article: Canons of the Apostles

The Apostolic Canons[2] or Ecclesiastical Canons of the Same Holy Apostles[3] is a collection of ancient ecclesiastical decrees (eighty-five in the Eastern, fifty in the Western Church) concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions which are part of the Ante-Nicene Fathers collection. The Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees (eighty-five in the Eastern, fifty in The Eastern Orthodox Church is the second largest single Christian Communion in the world Early Christianity is commonly defined as the Christianity of the three centuries between the Crucifixion of Jesus ( c The Ante-Nicene Fathers, subtitled "The Writings of the Fathers Down to A

Catholic Church

Main article: Canon law (Catholic Church)

The Roman Catholic Church has the oldest continuously functioning legal system in the Western world,[4] predating the common and European civil law traditions. Canon Law, the Ecclesiastical law of the Catholic Church, is a fully developed legal system with all the necessary elements courts lawyers judges a fully articulated What began with rules ("canons") adopted by the Apostles at the Council of Jerusalem in the 1st century has blossomed into a highly complex and original legal system encapsulating not just norms of the New Testament, but some elements of the Hebrew (Old Testament), Roman, Visigothic, Saxon, and Celtic legal traditions spanning thousands of years of human experience. The Twelve Apostles (Greek apostolos, "someone sent out" e Council of Jerusalem (or Apostolic Conference) is a name applied subsequently to a meeting described in Acts of the Apostles chapter and probably referred to The 1st century was the Century that lasted from 1 to 100 according the Julian calendar. Hebrews (or Hebertes, Eberites, Hebreians, " Habiru " or " Habiri " Hebrew: עברים In Western Christianity, the Old Testament refers to the books that form the first of the two-part Christian Biblical canon. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting The Visigoths (Visigothi, Wisigothi, Vesi, Visi, Wesi, or Wisi were one of two main branches of the Goths, an East The Saxons or Saxon people were a Confederation of Old Germanic tribes. Celts (ˈkɛlts or /ˈsɛlts/, see Names of the Celts

In the Catholic Church, positive ecclesiastical laws, based upon either immutable divine and natural law, or changeable circumstantial and merely positive law, derive formal authority and promulgation from The Pope, Who as Supreme Pontiff possesses the totality of legislative, executive, and judicial power in his person. History See also History of the Papacy Catholics recognize the Pope as a successor to Saint Peter, who Jesus named as the "shepherd" and The actual subject material of the canons is not just doctrinal or moral in nature, but indeed all-encompassing of the human condition.

In the early Church, the first canons were decreed by bishops united in "Ecumenical" councils (the Emperor summoning all of the known world's bishops to attend with at least the acknowledgement of the Bishop of Rome) or "local" councils (bishops of a region or territory). Early Christianity is commonly defined as the Christianity of the three centuries between the Crucifixion of Jesus ( c A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight This is a general introduction to ecumenical councils For the Roman Catholic councils, see Catholic Ecumenical Councils. The Bishop of Rome is the bishop of the Holy See, more often referred to in the Catholic tradition as the Pope. Over time, these canons were supplemented with decretals of the Bishops of Rome, which were responses to doubts or problems according to the maxim, "Roma locuta est, causa finita est" ("Rome has spoken, case is closed"). Decretals ( Epistolae decretales) is the name that is given in Canon law to those letters of the Pope which formulate decisions in ecclesiastical law

Later, they were gathered together into collections, both unofficial and official. 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"). The Camaldolese are part of the Benedictine family of Monastic communities which follow the way of life outlined in the Rule of St Gratian, was a 12th century canon lawyer from Bologna. He is sometimes wrongly referred to as Franciscus Gratianus, or Johannes Gratianus, or The Decretum Gratiani or Concordia discordantium canonum (in some manuscripts Concordantia discordantium canonum) is a collection of Canon law compiled Pope Gregory IX is credited with promulgating the first official collection of canons called the Decretalia Gregorii Noni or Liber Extra (1234). Pope Gregory IX, born Ugolino di Conti, was Pope from March 19, 1227 to August 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 structure as the Liber Extra. Pope Boniface VIII (c 1235 &ndash October 11, 1303) born Benedetto Caetani, was Pope of the Roman Catholic Church from 1294 Pope Clement V' (About 1264 &ndash April 20, 1314) born Raymond Bertrand de Got (also occasionally spelled de Gouth and de All these collections, with the Decretum Gratiani, are together referred to as the Corpus Juris Canonici. The Decretum Gratiani or Concordia discordantium canonum (in some manuscripts Concordantia discordantium canonum) is a collection of Canon law compiled The Corpus juris canonici ( lit 'Body of Canon Law' is the collection of significant sources of Canon law of the Catholic Church that was applicable

After the completion of the Corpus Juris Canonici, subsequent papal legislation was published in periodic volumes called Bullaria. History See also History of the Papacy Catholics recognize the Pope as a successor to Saint Peter, who Jesus named as the "shepherd" and Bullarium is a term commonly applied to a collection of Papal bulls and other analogous documents whether the scope of the collection be general in character or limited

By the 19th Century, this body of legislation included some 10,000 norms. Many these were difficult to reconcile with one another due to changes in circumstances and practice. This situation impelled Pope St. Pius X to order the creation of the first Code of Canon Law, a single volume of clearly stated laws. Saint Pius X ( Latin: Pius PP X) ( June 2, 1835 &mdash August 20, 1914) born Giuseppe Melchiorre Sarto, was the Canon Law, the Ecclesiastical law of the Catholic Church, is a fully developed legal system with all the necessary elements courts lawyers judges a fully articulated Under the aegis of the Cardinal Pietro Gasparri, the Commission for the Codification of Canon Law was completed under Benedict XV, who promulgated the Code, effective in 1918. Pietro Cardinal Gasparri PhD ( May 5, 1852 – November 18, 1934) was a Roman Catholic Archbishop, Diplomat Pope Benedict XV ( Latin: Benedictus PP XV) (Benedetto XV ( November 21 1854 &ndash January 22 1922 born Giacomo Paolo Giovanni Battista della Chiesa The work having been begun by Pius X, it was sometimes called the "Pio-Benedictine Code" but more often the 1917 Code. In its preparation, centuries of material was examined, scrutinized for authenticity by leading experts, and harmonized as much as possible with opposing canons and even other Codes, from the Codex of Justinian to the Napoleonic Code. The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under

Pope John XXIII initially called for a Synod of the Diocese of Rome, an Ecumenical Council, and an updating to the 1917 Code. Pope John (numberingBlessed A synod (also known as a council) is a council of a church, usually a Christian church convened to decide an issue of doctrine administration or application This is a general introduction to ecumenical councils For the Roman Catholic councils, see Catholic Ecumenical Councils. After the Second Ecumenical Council of the Vatican (Vatican II) closed in 1965, it became apparent that the Code would need to be revised in light of the documents and theology of Vatican II. The Second Ecumenical Council of the Vatican, or Vatican II, was the twentieth century Ecumenical Council of the Roman Catholic Church. After multiple drafts and many years of discussion, Pope John Paul II promulgated the revised Code of Canon Law (CIC) in 1983. Pope Containing 1572 canons, it is the law currently binding on the Latin (western) Catholic Church.

The canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the Code of Canons of the Easter Churches promulgated in 1990 by Pope John Paul II. Pope

The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern Civil law and Common law bear the influences of canon law. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Edson Luiz Sampel, a Brazilian expert in canon law, says that canon law is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries. Sampel explains that canon law has significant influence in contemporary society.

Currently, all seminary students are expected to take courses in canon law (c. 252. 3). Some ecclesiastical officials are required to have the doctorate (JCD) or at least the licentiate (JCL) in canon law in order to fulfill their functions: Judicial Vicars (c. Doctor of Canon Law ( Latin: Juris Canonici Doctor; JCD) is the Doctoral -level Terminal degree in the studies of Licentiate of Canon Law (JCL is the title of an intermediate Graduate degree with canonical effects in the Catholic Church offered by pontifical universities and 1419. 1), Judges (c. 1421. 3), Promoters of Justice (c. 1435), Defenders of the Bond (c. 1435) and Procurators - Advocates (c. 1483). In addition, Vicars General and Episcopal Vicars are to be doctors or at least licensed in canon law or theology (c. A vicar general (often abbreviated VG) is the principal deputy of the bishop of a diocese for the exercise of administrative authority 478. 1). 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. Saint Raymond of Peñafort, OP (c 1175 &ndash 1275 ( Sant Ramon de Penyafort, San Raimundo de Peñafort) was born in Vilafranca del Penedès

Orthodox Churches

The Greek-speaking Orthodox have collected canons and commentaries upon them in a work known as the Pedalion (Greek: Πηδάλιον, "The Rudder") so named because it is meant to "steer" the Church. The Orthodox Christian tradition in general treats its canons more as guidelines than as laws, the bishops adjusting them to cultural and other local circumstances. In the Eastern Orthodox and Greek-Catholic Churches and in the teaching of the Church Fathers which undergirds the theology of those Churches economy Some Orthodox canon scholars point out that, had the Ecumenical Councils (which deliberated in Greek) meant for the canons to be used as laws, they would have called them nomoi/νόμοι (laws) rather than kanones/κανόνες (standards), but almost all Orthodox conform to them. This is a general introduction to ecumenical councils For the Roman Catholic councils, see Catholic Ecumenical Councils. The dogmatic decisions of the Councils, though, are to be obeyed rather than to be treated as guidelines, since they are essential for the Church's unity.

Anglican Churches

Main article: Canon law (Anglican Churches)

In the Church of England, the ecclesiastical courts that formerly decided many matters such as disputes relating to marriage, divorce, wills, and defamation, still have jurisdiction of certain church-related matters (e. The Anglican Communion as a whole unlike the Roman Catholic Church, does not have a centralized Canon law of its own The Church of England is the officially established Christian church in England, the Mother Church of the worldwide Anglican An ecclesiastical court (also called "Court Christian" or "Court Spiritual" is any of certain Courts having Jurisdiction mainly in spiritual or g. , discipline of clergy, alteration of church property, and issues related to churchyards). Their separate status dates back to the 12th century when the Normans split them off from the mixed secular/religious county and local courts used by the Saxons. The Normans were the people who gave their names to Normandy, a region in northern France. In contrast to the other courts of England the law used in ecclesiastical matters is at least partially a civil law system, not common law, although heavily governed by parliamentary statutes. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Since the Reformation, ecclesiastical courts in England have been royal courts. The Protestant Reformation was a reform movement in Europe that began in 1517 though its roots lie further back in time The teaching of canon law at the Universities of Oxford and Cambridge was abrogated by Henry VIII; thereafter practitioners in the ecclesiastical courts were trained in civil law, receiving a Doctor of Civil Law (D. Henry VIII (28 June 1491 &ndash 28 January 1547 was King of England and Lord of Ireland, later King of Ireland and claimant to the Kingdom of An ecclesiastical court (also called "Court Christian" or "Court Spiritual" is any of certain Courts having Jurisdiction mainly in spiritual or Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Some universities such as the University of Oxford, award Doctor of Civil Law (DCL degrees instead of Doctor of Laws (LL C. L. ) degree from Oxford, or an LL. D. from Cambridge. Such lawyers (called "doctors" and "civilians") were centred at "Doctors Commons," a few streets south of St Paul's Cathedral in London, where they monopolized probate, matrimonial, and admiralty cases until their jurisdiction was removed to the common law courts in the mid-19th century. Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. St Paul's Cathedral, is the Anglican Cathedral on Ludgate Hill, in the City of London, and the seat of the Bishop of London. London ( ˈlʌndən is the capital and largest urban area in the United Kingdom. Probate is the Legal process of settling the estate of a deceased person specifically resolving all claims and distributing the decedent's Property The Admiralty was formerly the authority in the United Kingdom responsible for the command of the Royal Navy. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive (Admiralty law was also based on civil law instead of common law, thus was handled by the civilians too. ) Charles I repealed Canon Law in 1638 after uprisings of Covenanters confronting the Bishops of Aberdeen following the convention at Muchalls Castle and other revolts across Scotland earlier that year. Charles I, (19 November 1600 &ndash 30 January 1649 was King of England, Scotland and Ireland from 27 March 1625 until his execution. The Covenanters formed an important movement in the religion and politics of Scotland in the 17th century Muchalls Castle stands overlooking the North Sea in the countryside of Kincardine and Mearns, Aberdeenshire, Scotland. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain.

Other churches in the Anglican Communion around the world (e. See also Anglicanism The Anglican Communion is an international association of national Anglican churches g. , the Episcopal Church in the United States, and the Anglican Church of Canada) still function under their own private systems of canon law. The Episcopal Church is the official name of the Province of the Anglican Communion in the United States. The Anglican Church of Canada is the sole Canadian representative of the Anglican Communion.

Presbyterian & Reformed Churches

In Presbyterian and Reformed Churches, canon law is known as "practice and procedure" or "church order," and includes the church's laws respecting its government, discipline, legal practice and worship.

The United Methodist Church

The Book of Discipline contains the laws, rules, policies and guidelines for The United Methodist Church. The Book of Discipline constitutes the law and doctrine of the United Methodist Church. Its last edition was published in 2004.

See also

References

  1. ^ Canon law. For the term in politics describing socialist movements see Autonomism Antinomianism (from the Greek ἀντί, "against" The Church of England, like the other autonomous member churches of the Anglican Communion, has its own system of Canon law. Like the other autonomous member churches of the Anglican Communion, the Episcopal Church in the United States has its own system of Canon law. The Canons of Dort, or Canons of Dordrecht, formally titled The Decision of the Synod of Dort on the Five Main Points of Doctrine in Dispute in the The Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees (eighty-five in the Eastern, fifty in Collections of ancient canons contain collected bodies of Canon law that originated in various different documents such as papal and synodal decisions and that can be The Decretum Gratiani or Concordia discordantium canonum (in some manuscripts Concordantia discordantium canonum) is a collection of Canon law compiled Doctor of Canon Law ( Latin: Juris Canonici Doctor; JCD) is the Doctoral -level Terminal degree in the studies of An ecclesiastical court (also called "Court Christian" or "Court Spiritual" is any of certain Courts having Jurisdiction mainly in spiritual or The Fetha Negest ( Ge'ez: ፍትሐ ነገሥት fitḥa nagaśt, "Law of the Kings" is a Legal code compiled around 1240 by the Coptic Gratian, was a 12th century canon lawyer from Bologna. He is sometimes wrongly referred to as Franciscus Gratianus, or Johannes Gratianus, or Licentiate of Canon Law (JCL is the title of an intermediate Graduate degree with canonical effects in the Catholic Church offered by pontifical universities and Probatio diabolica (Latin "devil's proof" is a legal requirement to achieve an impossible proof. Catholic Encyclopedia. Retrieved on 2008-05-26. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 451 - The Battle of Avarayr between Armenian rebels and the Sassanid Empire takes place
  2. ^ Catholic Encyclopedia: Apostolic Canons. New Advent. Retrieved on 2008-05-26. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 451 - The Battle of Avarayr between Armenian rebels and the Sassanid Empire takes place
  3. ^ The Ecclesiastical Canons of the Same Holy Apostles. Ante-Nicene Fathers, Vol VII. Retrieved on 2008-05-26. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 451 - The Battle of Avarayr between Armenian rebels and the Sassanid Empire takes place
  4. ^ Canon Law @Canonlaw.info

Further reading

External links

Catholic

Anglican

Dictionary

canon law

-noun

  1. The law of the church, religious law.
  2. A regulation in church law.
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