The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*4.* _Philosophical Foundations._—The laws of Greece, down to the time of
Plato, were thoroughly pagan. But, following the philosophical foundations
laid by Plato and Aristotle, unintentionally and unwittingly the laws of
Greece became imbued with the spirit of natural law.(6)
*5.* _Rome, Natural Justice._—Prior to the introduction of Grecian law
into Rome, the laws of that nation were pagan. Grecian law from its
introduction to the time of Octavius was the civilizing element of the
empire. Then it took a turn for the worse, the element of natural justice
being reduced and the element of arbitrary rule becoming dominant.(7)
*6.* _Canon Law._—We will now turn to the first period of canon law, which
covers the early history of the Church up to the reign of Constantine the
Great.(8)
Canon law is composed of the following elements:
1. Holy Scriptures;
2. Ecclesiastical tradition;
3. Decrees of Councils;
4. Bulls and rescripts of Popes;
5. The writings of the Fathers;
6. Civil law.(9)
*7.* _Early Christians._—Owing to the persecutions, the early Christians
were, in a sense, isolated from the State; they held their property in
common, and were governed in matters among themselves by the canon law.
However, for want of freedom of discussion and publication, they were
unable, even within a single nation of the empire, to promulgate a system
of canon law. The foundation of canon law being laid, its development upon
the manumission of the Church was rapid.(10)
*8.* _Persecutions, Defenses._—During the religious persecutions the
Christians almost had law forced into them by surgical operations. The
necessity for their making defenses in the Roman tribunals induced many of
them to give Roman law a careful study. Also, the great number of
Christians held for trial on all sorts of accusations made that branch of
the law of the realm very lucrative for lawyers, and called into the field
many Christians. Incidently, men studying for the priesthood made a study
of Roman law with a view to avoiding its machinations and continuing their
functions as clergymen without being caught in the net of persecution.(11)
*9.* _Constantine, Blending the Law._—When Emperor Constantine became a
Christian (325 A.D.), there was a great change, and the members of the bar
and judges were mostly Christians. It then became necessary for students
of law to study the principles of divine right as taught in the Church,
and while the books of the civil law were read by students for the
priesthood, the Scriptures and the works of the Fathers were read by the
students in law, thus blending the law of the two realms to some
extent.(12)
Public-domain text, read in full here on John Shaqi.
The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
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