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Canon law

Canon law. When Christian communities formed themselves into congregations ('kklhoiai), certain resolutions were agreed upon for their government; these were termed rules kavoves, forma, disciplina); and the phrases canonica sanctio, lex canonica, and canonum jura, were not introduced until the ninth century, nor the phrase jus canonicum until the canon law began in the twelfth century to be treated as a science. The canon law, properly so called, denotes the ecclesiastical law, sanctioned by the Church of Rome. It borrows from the Roman Law many of its principles and rules of proceeding, though not servilely, nor without such variations as the independence of its tribunals and the different nature of its authorities might be expected to produce, See Hall. Lit. Hist.The canons made in England in 1603, and revised in 1866, are binding on the clergy only, see per Lord Hardwicke in Middleton v. Croft, (1737) 2 Str 1056, some of them being very archaic, as canon 72, by which it is unlawful...


canon law

canon law : a body of religious law governing the conduct of members of a particular faith ;esp : the codified church law of the Roman Catholic Church NOTE: Common law has been influenced by canon law in the areas of marriage and inheritance. Roman Catholic canon law, like the civil law, has been modeled on ancient Roman law. The source for Roman Catholic canon law is the Code of Canon Law. The Rudder (Pedalion) is a source for Greek Orthodox canon law. Jewish canon law is contained in the Talmud. ...


Extravagantes

Extravagantes, those decretal epistles which were published after the Clementines. They were so called because first they were not digested or arranged with the other papal constitutions, but seemed to be, as it were, detached from the canon law. They continued to be called by the same name when they were afterwards inserted in the body of the canon law. The first extravagantes are those of Pope John XXII., successor of Clement V. The last collection was brought down to the year 1843, and was called the common extravagantes, notwithstand-ing that they were likewise incorporated with the rest of the canon law.Papal constitution and decretal epistles of Pope John XXII and his succession, Black's Law Dictionary, 7th Edn., p. 607....


Bastard

Bastard [fornication], one born not of lawful marriage. [(English) Age of Marriage Act, 1929 (19 & 20 Geo. 5, c. 36)]The civil and canon laws did not allow a child to remain a bastard if the parents afterwards intermarried, but a proposal by the bishops to assimilate the law of England to the canon law in this respect was rejected by Parliament in 1235. See MERTON, STATUTE OF. The law of England remained thus for nearly 700 years, until the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), legitimated a child born out of wedlock upon the subsequent marriage of parents if they were domiciled in England or Wales at the date of marriage. See LEGITIMATION. In Scotland, however, and in most other Christian countries, including most, if not all, of the British Dominions, and most, if not all, of the United States of America, legitimation of the children has always followed the intermarriage of the parents.The mother of a bastard cannot validly contract with another person for the transfer to tha...


Fornication

Fornication [fr. fornix, a brothel, Lat.], the inter-course of a man with a prostitute; the act of incontinency in single persons; if either party be married, it is adultery. During the Commonwealth, a second offence was made felony without benefit of clergy, Scobel, 121. After the Restoration the offence was left to be dealt with by the spiritual Court according to the rules of the canon law. Proceedings under the canon law for incontinency have fallen into desuetude, 4 Steph. Com. See PROSTITUTE.Voluntary sexual intercourse between two unmarried persons, Black's Law Dictionary, 7th Edn., p. 664....


canon

canon [Greek kanōn rod, measuring line, rule] 1 a : a regulation or doctrine decreed by a church council b : a provision of canon law 2 a : an accepted principle or rule [s of descent] b : a body of principles, rules, standards, or norms ...


Chancellor of a Diocese, or of a Bishop

Chancellor of a Diocese, or of a Bishop, a law officer, appointed to hold the Bishop's Court in his diocese, and to adjudicate upon matters of ecclesiastical law. He is the vicar-general of the bishop, and by Canon 127 must be at least 26 years old, must be learned in the Civil and Ecclesiastical Laws, must be at least a Master of Arts or Bachelor of Law, and 'reasonably well practised in the course thereof, as likewise well affected, and zealous bent to religion, touching whose life and manners no evil example is had.' By the same canon, he must take the Oath of Supremacy and subscribe the Thirty-nine Articles of Religion (see that title)....


Civil Law

Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...


Common Law

Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...


Commandments

Commandments, Table of Ten. By Canon Law (Canon 82) churchwardens are under an obligation to provide fittings and space for a table of the Ten Commandments in every church or chapel....


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