Further, Christianity although conceived as a religion for all mankind,
was founded on a definite code and revelation. The primary statement was
contained in the canonical books of the Old and New Testaments. These were
for all men, universal in application and of irrefragable validity and
truth. Here was some correspondence to the conception of the _jus gentium_
as representative of universal principles of justice and expediency, and
therefore as equivalent to the _jus naturale_. There was something of
logical necessity in the transference of this conception to the law of
Christ. Says Gratian at the beginning of his _Decretum_: “It is _jus
naturae_ which is contained in the Law and the Gospel, by which every one
is commanded to do to another as he would be done by, and forbidden to
inflict on him what he does not wish to happen to himself.” Since the Law
and the Gospel represent the final law of life for all men, they are _par
excellence_ the _jus naturae_, as well as _lex divina_. Gratian quotes
from Augustine: “Divinum jus in scripturis divinis habemus, humanum in
legibus regum.”[403] And then adds: “By its authority the _jus naturale_
prevails over custom and constitution. Whatever in customs or writings is
contrary to the _jus naturale_ is to be held vain and invalid.” Again he
says more explicitly: “Since therefore nothing is commanded by natural law
other than what God wills to be, and nothing is forbidden except what God
prohibits, and since nothing may be found in the canonical Scripture
except what is in the divine laws, the laws will rest divinely in nature
(_divine leges natura consistent_). It is evident, that whatever is proved
to be contrary to the divine will or canonical Scripture, is likewise
opposed to natural law. Wherefore whatever should give way before divine
will or Scripture or the divine laws, over that ought the _jus naturale_
to prevail. Therefore whatever ecclesiastical or secular constitutions are
contrary to natural law are to be shut out.”[404]
The canon law is a vast sea. Its growth, its age-long agglomerate
accretion, the systematization of its huge contents, have long been
subjects for controversialists and scholars. Its sources were as
multifarious as those of the Roman law. First the Scriptures and the early
quasi-apostolic and pseudo-apostolic writings; then the traditions of
primitive Christianity and also the writings of the Fathers; likewise
ecclesiastical customs, long accepted and legitimate, and finally the two
great written sources, the decretals or decisions of the popes and the
decrees of councils. From patristic times collections were made of the
last. These collections from a chronological gradually acquired a topical
and more systemic arrangement, which the compilers followed more
completely after the opening of the tenth century. The decisions of the
popes also had been collected, and then were joined to conciliar
compilations and arranged after the same topical plan.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account