Legal History Of The Catholic Church
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Legal History Of The Catholic Church
The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the ''jus antiquum'', the ''jus novum'', the ''jus novissimum'' and the ''Code of Canon Law''.Manual of Canon Law, pg. 13, #8 In relation to the Code, history can be divided into the ''jus vetus'' (all law before the Code) and the ''jus novum'' (the law of the Code, or ''jus codicis''). Eastern canon law developed separately. Latin canon law ''Jus antiquum'' The most ancient collections of canonical legislation are certain very early Apostolic documents, known as the Church Orders: for instance, the ''Didache ton dodeka apostolon'' or "Teaching of the Twelve Apostles", which dates from the end of the first or the beginning of the 2nd century; the Apostolic Church-Ordinance; the '' Didascalia'', or "Te ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Pope Anastasius II
Pope Anastasius II (died 19 November 498) was the bishop of Rome from 24 November 496 to his death. He was an important figure in trying to end the Acacian schism, but his efforts resulted in the Laurentian schism, which followed his death. Anastasius was born in Rome, the son of a priest, and is buried in St. Peter's Basilica. Pope Anastasius II is one of only two popes in the first 500 years of church history not to be canonized a saint in the Roman Catholic church. Pope Liberius is also omitted from sainthood in the Roman rite, although is considered a saint in the Eastern rite. Acacian schism and conciliation The church had been in a serious doctrinal dispute since 484, between the Eastern and Western churches of Christianity, known as the Acacian schism. Popes Felix III (483–492) and Gelasius I (492–496) had generally taken hardline stances towards the Eastern church and had excommunicated many of the major religious figures including Patriarch Acacius of Constantinopl ...
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England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ...
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Regino Of Prüm
Regino of Prüm or of Prum ( la, Regino Prumiensis, german: Regino von Prüm; died 915 AD) was a Benedictine monk, who served as abbot of Prüm (892–99) and later of Saint Martin's at Trier, and chronicler, whose ''Chronicon'' is an important source for late Carolingian history. Biography According to the statements of a later era, Regino was the son of noble parents and was born at the stronghold of Altrip on the Rhine near Speyer at an unknown date. From his election as abbot and from his writings, it is evident that he had entered the Benedictine Order, probably at Prüm itself, and that he had been a diligent student. The rich and celebrated Imperial Abbey of Prüm suffered greatly during the 9th century from the marauding incursions of the Norsemen. It had been twice seized and ravaged, in 882 AD and 892 AD. After its second devastation by the Danes, the abbot Farabert resigned his office and Regino was elected his successor in 892 AD. His labours for the restoration of t ...
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Collectio Canonum Quadripartita
The ''Collectio canonum quadripartita'' (also known as the ''Collectio Vaticana'' or, more commonly, the ''Quadripartita'') is an early medieval canon law collection, written around the year 850 in the ecclesiastical province of Reims. It consists of four books (hence its modern name 'quadripartita', or 'four-parted'). The ''Quadripartita'' is an episcopal manual of canon and penitential law. It was a popular source for knowledge of penitential and canon law in France, England and Italy in the ninth and tenth centuries, notably influencing Regino's enormously important Libri duo de synodalibus causis' ('Two books concerning diocesan affairs'). 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''. Background The complementary acts o ...
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Cresconius Africanus
Cresconius Africanus (Crisconius) was a Latin canon lawyer, of uncertain date and place. He flourished, probably, in the latter half of the 7th century. He was probably a Christian bishop of the African Church. Concordia canonum Cresconius made a collection of canons, known as ''Concordia canonum'', inclusive of the Apostolic Canons, nearly all the canons of the fourth- and fifth-century councils, and many papal decretals from the end of the fourth to the end of the fifth century. It was much used as a handy manual of ecclesiastical legislation by the churches of Africa and Gaul as late as the tenth century. Few of its manuscripts postdate that period. The content is taken from the collection of Dionysius Exiguus, but the division into titles (301) is copied from the ''Breviatio canonum'' of Fulgentius Ferrandus, a sixth-century deacon of Carthage. In many manuscripts the text of Cresconius is preceded by an index or table of contents (''breviarium'') of the titles, first edited ...
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Fulgentius Ferrandus
Fulgentius Ferrandus or Ferrand of Carthage (died 546/547) was a Christian theologian of the Roman province of Africa, modern day Tunisia. Biography Little is known of his early life. At the end of his life, he was a deacon of the Church of Carthage, and a renowned theologian, consulted in 546 by the Roman deacons Pelagius and Anatolius on the affair of the Three Chapters which had just broken out. Ferrand's reply was retained, but Facundus of Hermiane, writing in the winter of 546/47 recounts this consultation by referring to Ferrand as " ..laudabilis in Christo memoriæ Ferrando Carthaginiensi diacono scripserunt". He probably accompanied his master and patron, Fulgentius of Ruspe, to exile in Sardinia, when the bishops of the African Church were banished from their sees by the Arian King of the Vandals, Thrasamund. After the death of Thrasamund and the accession of Hilderic, in 523, the exiles were permitted to return, and Fulgentius, although only a deacon, soon gained a posit ...
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Symmachean Forgeries
The Symmachian forgeries are a sheaf of forged documents produced in the papal curia of Pope Symmachus (498–514) in the beginning of the sixth century, in the same cycle that produced the ''Liber Pontificalis''. In the context of the conflict between partisans of Symmachus and Antipope Laurentius the purpose of these '' libelli'' was to further papal pretensions of the independence of the Bishops of Rome from criticisms and judgment of any ecclesiastical tribunal, putting them above law clerical and secular by supplying spurious documents supposedly of an earlier age. The ''Catholic Encyclopedia'' states: "During the dispute between Pope St. Symmachus and the anti-pope Laurentius, the adherents of Symmachus drew up four apocryphal writings called the 'Symmachian Forgeries'. ..The object of these forgeries was to produce alleged instances from earlier times to support the whole procedure of the adherents of Symmachus, and, in particular, the position that the Roman bishop could ...
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Collectio Canonum Quesnelliana
The ''Collectio canonum Quesnelliana'' is a vast collection of canonical and doctrinal documents (divided into ninety-eight chapters) prepared (probably) in Rome sometime between 494 and (probably) 610. It was first identified by Pierre Pithou and firsedited by Pasquier Quesnel in 1675 whence it takes its modern name. The standard edition used today isthat prepared by Girolamo and Pietro Ballerini in 1757 Purpose, origin and organization The collection can be divided broadly into three sections according to the nature of its contents: cc. I–V, containing conciliar canons from the major fourth-century eastern and African councils; cc. VI–LVII, being a long series of documents (mostly letters) pertaining to doctrinal disputes that arose from the teachings of Pelagius and Celestius and also of Nestorius and Eutyches―at the centre of which series is a dossier (c. XXV) of material pertaining to the council of Chalcedon in 451—and cc. LVIII–XCVIII, a collection of dogmatic an ...
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