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BOOK Tribonianus assisted by Theophilus and Dorotheus. I. This work is an abridgement of the whole Roman law, and was intended for academical instruction. The compilers took the Institutes of Gaius' as a model, following his arrangement, and in many instances copying his very words. It was published together with the Digest. It is divided into four books, which are again subdivided into titles and paragraphs.

Codex repe


The commissioners then again turned their attitæ præ- tention to the Code which, inaccurate from the haste in which it had at first been compiled, had become more so from the number of constitutions issued by Justinian during the three years occupied in the compilation of the Digest. It therefore underwent an entire revision, and was republished 15 November, A.D. 534, under the title of the Codex repetita prælectionis. Between this period and his death, which took place in the year 565, Justinian issued 168 new constitutions— Novella constitutiones or Novells. These changed or modified the law on many points as settled in the revised Code.


Justinian died in the year 565. His laws were compiled for the Eastern Empire, where the language of the people was Greek, consequently they would soon have become useless had they not been translated into the vernacular tongue. This appears to have been done during Justinian's lifetime, and with his authority. Theophilus published a Greek paraphrase of the Institutes as early as the year A.D. 534*.

We may assume that the Eastern Empire continued to be governed by Justinian's laws for 300 years after his death. In the year A.D. 886 Basilius Macedo became emperor, and he soon after ordered the compilation of a work from the Institutes, Digest, and Code of Justinian, introducing such additions and changes as had arisen from the

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Novells of subsequent emperors. This volume was CHAP. divided into six parts, and sixty books, and was called the Basilica1; and by this the Byzantine Basilica. empire continued to be governed till its destruction by the Turks in the year 1453.

We may therefore sum up the Jus Civile Romanum from the foundation of the city to the fall of the Byzantine Empire as follows:

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THE origin of the Canon law may be referred to the earliest period of Christianity. The early Christians were an isolated body, and as a Church was formed a system of social government based upon Christian principles was constituted, which was necessarily confined within the Church, for out of it there could be no executive, its rules and regulations not being recognised by the temporal power. It therefore became necessary that complaints arising from the infraction of ecclesiastical discipline and doctrine should be decided and arranged within the bosom of the Church itself. Thus a system of ecclesiastical polity was early developed in the Church. These ecclesiastical laws and regulations were framed and administered by the presbyter or bishop by virtue of his office and influence. Thus by degrees arose what is now called the Canon law. The separate unities of Church and State were established; each began to subsist apart from the other with an independent system of government. The Emperor Justinian admits the separate existence of the two powers in the commencement of the sixth Novell, addressed to Epiphanius, archbishop of Constantinople, where he recognises the Sacerdotium et Imperium: illud quidem divinis ministrans, hoc autem humanis præsidens.

At first the jurisdiction of the ecclesiastical authorities was limited to matters of religion; afterwards the spiritual tribunals gradually enlarged their pretensions, and assumed the cognizance of all causes touching an ecclesiastical matter, or person. Thus the Canon law gradually encroached upon the province of the civil magistrate, and ultimately assumed the most arrogant pretensions.


The arrangement and codification of the Civil CHAP. law by Justinian without doubt suggested the same course with respect to the Canon law, which was ultimately reduced to the Corpus Juris Canonici after Justinian's model. This consists of

three parts:

1. The Decretum. 2. The Decretals. Extravagants of John XXII.


3. The 1. The Decretum is a collection of Ecclesias- Decretum. tical constitutions made by the Pope, or by the Pope and Cardinals at no man's suit-mero motu. They were given Urbi et Orbi. These were collected by Gratian, a monk of Bologna, about the year 1140. They were afterwards revised, and received the formal recognition of Pope Gregory XIII. in the year 1580: these correspond with the Digest of Justinian.


2. The Decretals are canonical epistles written Decretals. by the Pope, or by the Pope and Cardinals, for determining some matter in controversy; they constitute the second part of the Corpus Juris Canonici, and correspond with Justinian's Code. To these must be added the Extravagants of John ExtravaXXII. which hold the place of the Novells. The gants of title Extravagants was originally given to the De- XXII. cretals, as being the first collection that wandered beyond the Decretum, and was afterwards confined to the Decretals of John XXII. With the sanction of Paul IV. John Lancellott compiled the Institutes of the Canon law in four books. We thus have the Corpus Juris Canonici consisting of Institutes in four books.



Decretum like the Digest.

3. Decretals like the Code.

4. Extravagants of John XXII. like the

Corpus Juris Canonici.


Canon law of England.

Legatine constitutions.

Provincial constitutions.



While the English Church as a part of the church universal, was governed before the Reformation by the Canon law of Rome, there arose also within the kingdom the English Canon law which sprung from the polity of the English Church; this consisted of the legatine and provincial constitutions.

The legatine constitutions were made in national councils, held within the realm, the Pope's legate presiding, in the time of Otho, legate of Gregory IX., in the year 1220; and of Othobon who was legate under Clement IV., in the year 1268. Their authority extended to both provinces of Canterbury and York.

The provincial constitutions were made in convocations of the clergy of the province of Canterbury, the Archbishop presiding; they commence in the reign of Hen. III. and ended in that of Hen. V. Although made only for the province of Canterbury, they were adopted by the province of York in convocation in the year 1463'.

It may be asked what is now the force and authority of the Canon law in England?

Henry VIII. considering the Canon law at the Reformation as "much prejudicial to the king's prerogative royal, and repugnant to the laws and statutes of this realm," obtained an Act of Parliament, which is 25 Hen. VIII. c. 19, empowerAuthority ing him to appoint a commission of thirty-two non law. persons to revise the Canon law. Henry never exercised the power.

of the Ca

In the following reign an Act passed (3 and 4 Ed. VI. c. 11) conferring upon the king the same

1 They who wish to pursue this subject more deeply may consult the article "Čanon law," in the Encyclopedia Metropolitana.

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