Page:Catholic Encyclopedia, volume 9.djvu/91

 LAW

66

LAW

(Freibiu^g-im-B., 1903); D. M, Pnimmer, 1907; J. B. •Sfigmaller (Freiburg-im-B., 1904). For France: H. Icard, Superior of Saint-Sulpice (Paris, 1867); M. Bargilliat (Paris,' 1893); F. Deshayes, " Memento juris ecclesiastici" (Paris, 1897). In Belgium: De Braban- d^re (Bruges, 1903). For English-speaking countries: Smith (Sew York, 1890); Gignac (Quebec, 1901); Taunton (London, 1906). For Spain: Marian Aguilar (Santo Domingo de la Cahsaaa, 1904); Cionzales Ibarra (Valladolid, 1904).

There are also canonists who have written at con- siderable length either on the whole canon law, or on special parts of it, in their own particular manner; it is difficult to give a complete list, but we will mention: Agostino Barbosa (d. 1639), whose works fill at least 30 volumes; Cardinal J. B. Luca (d. 1683), whose im- mense "Theatrum veritatis" and "Relatio curiae romanse" arc his most important works; Pignatelli, who has touched on all practical questions in his " CJonsultationes canonicae, 11 folio volumes, Geneva, 1668; Prospero Lambertini (Pope Benedict XIV), per- haps the greatest canonist since the Council of Trent ((J. V.) ; in the nineteenth century we must mention the different writings of Dominique Bo\;Lix, 15 volumes, Paris, 1852 sq.; the " ICirchenrecht" of J. F. Schulte, 1856 and of Rudolf v. Scherer, 1886; and above all the great work of Franz Xavier Wemz, General of the Society' of Jesus, "Jus decretalium" (Rome, 1898 sq.). It is miposcible to enumerate the special treatises. Among repertoires and dictionaries, it will suffice to cite the *'Prompta Bibhotheca" of the Franciscan Ludovico Ferraris (Bologna, 1746); the "Diction- naire de droit canoni(^ue" of Durand de Mai Dane (Avi^on, 1761), contmued later by Abb6 Andr6 (Pans, 1847) etc.; finely the other encyclopedias of ecclesiastical sciences wherein canon law has been treated.

On ecclesiastical public law, the best-known hand- books are, with Soglia, T. M. Salzano, *'Lezioni di diritto canonico pubbhco et privato" (Naples, 1845); Cardinal Camillo Tarquini, Juris ecclesiastici pub- lici institutiones" (Rome, 1860); Cardinal Felice tJav- ^nis, "Institutiones iuris publici ecclesiastici" (Rome, 1888); Mgr Adolfo Giobbio, "Lezioni di di- plomazia ecclesiastical' .(Rome, 1899); Enunan. de la Pena y Femdndez, "Jus publiciun ecclesiasticum" (Seville, 1900). For an historical view, the chief work is that of Pierre de Marca, Archbishop of Toidouse, "De Concordia sacerdotii et imperii" (Paris, 1641).

For the history of canon law considered in its sources and collections, we must mention the brothers Pietro and Antonio Ballerini of Verona, "De antiquis coUcctionibus et coUectoribus canoniun" (Vemce, 1757); among the works of St. Leo I, in P. L., LIII; the matter has been recast and completed by Fried- rich Maassen, "Geschichte der Quellen und der Lit- eratur des kanonischen Rechts im Abendland", I, (Graz, 1870) ; for the history^ from the time of Gratian see J. F. Schulte, "Geschichte der Quellen und der Literatur des kanonischen Rechts von Gratian bis zum Gegenwart" (Stuttgart, 1875 s(i.), and "Die Lehre von der Quellen des katholiscen Kirchen- rechts" (Giessen, 1860); Philip Schneider, "Die Lehre von den Kirchenrechtsquellen " (Ratisbon, 1892), Adolphe Tardif, "Histoire des sources du droit canonique (Paris, 1887); Franz Laurin, "Introduc- tio in Corpus Juris canonici" (Freiburg, 1889). On the history of ecclesiastical discipline and institutions, the principal work is "Ancienne et nouvelle disci- pline de I'Kglise" by the Oratorian Louis Thomassin (Lyons, 1676), translated into Latin by the author, "Vetus et nova disciplina" (Paris, 1688). One may consult with profit A. J. Binterim, " Die vorzQglich- sten Denkwttrdigkeiten der christkatolischen Kirche" (Mainz, 1825); the "Dizionario di erudizione storico- ecclesiastica by Moroni (Venice, 1840 sq.); also J. W.Bickell, "Geschichte des Kirchenrechts " (Gies-

sen, 1843); E. Loening, "Geschichte des deutschen Kirchenrechta (Strasburg, 1878); R. Sohm. "Kir- chenrecht, I: Die geschichtliche Grundlagen (1892).

A. BOUDINHON.

Law, CrviL, Influence op the Church on. — Christianity is essentially an ethical religion; and, al- though its moral principles were meant dii^ectly for the elevation of the indi\adual, still they could not fail to exercise a powerful infiuence on such a public insti- tution as law, the crystallized rule of human conduct. The law o^Rome escaped this influence to a large ex- tent^ because much of it wa« compiled before Chris- tiamty was recognized by the pubhc authorities. But the leaes barbarorum were more completely interpene- tratea, as it were, by Christian influences; they re- ceived their definite form only after the several na- tions had submitted to the gentle yoke of Christ. This influence of the Church is particularly noticeable in the following matters:

^1) Slavery, — The condition of the slaves was meet

Eitiablc in the ages of antiquity. According to Roman kw and usage a slave was considered, not as a himian b^ng, but as a chattel, over which the master had the most absolute control, up to the point of inflict- ing death. Gradually, the spirit of Christianity re- stricted these inhuman rights. From the time of the Emperor Antoninus Pius (138-61) a master was pun- ished if he killed his slave without reason, or even practised on him excessive cruelty (Instit. Just., lib. I. tit. 8; Dig., lib. I, tit. 6, leges 1,2). The emperor Constantine (306-37) made it homicide to kill a slave with malice aforethought, and described certain modes of barbarous punishment by which, if death followed, the guilt of homicide was incurred (Cod. Just., lib.

IX, tit. 14). A further relief consisted in facilitating the manumission or liberation of slaves. According to several laws of Constantine the ordinary formalities could be dispensed with if the manumission took place in the churcn, before the people and the sacred minis- ters. The clei^ were permitted to bestow freedom on their slaves m their last will, or even by simple word of mouth (Cod. Just., lib. I, tit. 13, leges 1, 2). The Emperor Justinian I (527-65) gave to freed per- sons the full rank and rights of Roinan citizens, and abolished the penalty of condemnation to servitude (Cod. Just., lib. VII, tit. 6; Nov., XXII, cap. viii; Nov. LXXVIII. pnef. capp. i, li"). Similar provisions were found in the Barbarian coaes. According to the Bur- gundian and Visi^othic laws the murder of a slave was punished; emancipation in the church and before the priest was permitted and encouraged. In one point they were ahead of the Roman law; they reco^ized the legality of the marriage between slaves, m the Lombardic law, on the authority of the Scriptural sentence: "Wliom God liath joined together, let nc man put asunder." The Church could not directly abolish slavery; she was satisfied with admitting the slaves within her pale on a footing of eciuality with others, with counselling patience and submission on the part of the slave, forbearance and moderaHon on that of the master. Otherwise she concurred in the civil legislation, or even went beyond it in some cases. Thus, the killing of a slave was severely punished (Counc. of Elvira, A. d. 300, Can. v; Counc. of Epaon, A. D. 517, Can. xxxiv); a fugitive slave who had taken refuge in the church was to be restored to his master only on the latter 's promise of remitting the punish- ment (Counc. of OrL^ans, a. d. 511, Can. iii, c. vi,

X, lib. Ill, tit. 49); marriage between slaves was recog- nized as valid (Counc. of Chalons, a. d. 813, Can. xxx; c. i, X, lib. IV, tit. 9) ; and even the marriage be- tween a free person and a slave was ratified, provided it had been contracted with full knowledge (Counc. of (}ompi6gne, a. d. 757, Can. viii).

(2) Paternal Authority {Potestas Paterna), — Accord- ing to the Roman law the power of the father over his