Scotland. During the 16th and 17th centuries canon law was publicly taught in the Scottish universities ; and from a very early period it was the custom of the Scottish youth to resort for purposes of study to foreign countries, whence many of them returned doctors in utroque jure. A wide jurisdiction was exercised by the consistorial courts, from which for many centuries an appeal to Rome was competent, and at one time half of the senators of the College of Justice were necessarily clerical, while all were learned in both civil and canon law. Conveyancing, moreover, was in the hands of clerical notaries, who, till 1469, were, like those of Europe generally, appointed exclusively by the emperor and the Pope. But though one of the fontes juris Scot ice, canon law never was of itself authoritative in Scotland. In the canons of her national provincial councils (at whose yearly meetings representatives attended on behalf of the king) that country possessed a canon law of her own, which was recognized by the parliament and the popes, and enforced in the courts of law. Much of it, no doubt, was borrowed from the Corpus Juris Canonici, the Tridentine standards, and the English provincial canons. But the portions so adopted derived their authority from the Scottish Church. The general canon law, unless where it has been acknowledged by Act of Parliament, or a decision of the courts, or sanctioned ty the canons of a provincial council, is only received in
Scotland according to equity and expediency.
Additional Authorities.—History and Literature:—Doujat, Histoire du Droit Canonique, Paris, 1677 ; Bickell, Geschichte des Kirchenrcchts, vol. i. (never completed), Giessen, 1843; Rosshirt, Geschichte des Rechts im Mittclaltcr, vol. i. Kanonisches Recht, Mainz, 1846. The best bibliographical history when com pleted will be Maassen, Geschichte dcr Quellen und dcr Literatur des Canonisclicn Rechts im Abcndlande bis zum Ausgangc des Mittclaltcrs, vol. i. 1870. The Vienna Academy of Sciences have voted funds from the Savigny foundation to enable the author to visit foreign libraries for the purposes of his work, which contains in consequence the best account of the various MSS. The first volume comes down to, without including, the False Decretals. Four additional volumes are expected. The glossators and the mediaeval universities are treated of in Savigny, Geschichte des Romisclicn Rechts im Mittclaltcr, vol. iii. 2d ed. 1834*. The history and system of the constitution of the church, is handled with great learning and acumen by Thomassin, Ancienne et Nouvclle Discipline de I Eglise, Lyons, 1678, -(same work in Latin, but differently arranged, Veins et Nova Eccl. Disc., Paris, 1688, 3 vols. fol.). Consult also Wasserschleben s articles in Herzog s Real-Encyclopadie on Kanonen und Decrctalen- simmlungen, Kanonisches Recht, Glosscn und Glossatoren, and the text-books mentioned below. Text Books:—1. By Roman Catholic authors Doviatius (Doujat), Prcenotionum Canonicarum Libri Quinque, Paris, 1687, modern ed. by Schott, Mitav. et Lips. 1776, 2 vols. 8vo ; Van Espen, Jus Ecclcsiasticum Univcrsum, last ed. Mogunt. 1791, 3 vols. 4to; Gibert, Corpus Juris Canonici per Regu- las Naturali Ordine Digcstas Expositi, Col. Allobr., 1725, 3 vols. fol. ; Lancelottus, Institution s Juris Canonici, last ed. cum adnot. Ziegleri et Thomasii, Hal. 1716, 4 vols. 4to (the first ed. having been published in 1563, a few months before the dissolution of the Council of Trent, contains the law of the Corpus juris canonici with out the modifications introduced by that council); Devoti, Institu- tiomim Canonicarum libri iv., first ed. Eom. 1781, 4 vols. last ed. Leodii, 1860, 2 vols.; Phillips, Kirchenrccht (ecclesiastical law), Regensburg, 7 vols. 8vo, 1845-72 (not yet completed); Schulte, Das Katholische Kirchenrecht, Giessen, 1856-60, 2 vols. 8vo ; Ross- hirt, Canonisches Recht, Schaffhausen, 1857 ; Walter, Lchrbuch des Kirchenrechts allcr christlichen Confessioncn, 14th ed. Bonn, 1871. 2. By Protestant authors Gisbertus Voetius, Politico, Ecclcsiastica , Amsterdam, 1663-06, 4 vols. 4to ; J. H. Boehmer, Jus Ecclcsiasti- cum Protestantium (in the form of a commentary on Gregory s Decretals), 5th ed. Hal. 1756-63, 5 vols. 4to, and the same author s Institutiones Juris Canonici, 5th ed. Hal. 1770 ; Mejer, Lchrbuch <les Deutschen Kirchenrcchts, 3d cd. Gottingen, 1869 ; Richter, Lchrbuch des katholischen und cvangclischen Kirchenrcchts, 7th ed. by Dove, Leipsic, 1874. Dictionaries:—Durand de Maillane, Dictionnaire Canonique, last ed. 1786, 6 vols. 8vo -,[1] Ferraris, Prompia Bibliothcca Canonica, Juridica, &c., Abbe Migne s ed. 8 vols. 1866 ; Andre, Cours Alphabetique et Methodique de Droit Canon, 3d ed. 6 vols. 8vo, Paris, 1860. Excellent articles on subjects relating to canon law are contained in Wetzer und Welte, KirchenlexiconoderEncyclo2)adiederkatholische?iTheologie,FreibiTg, 1847-56, 13 vols. 8vo, and Herzog, Real-Encyclopadie fur pro- tcstantische Thcologie und Kirche, 1854-68, 22 vols. 8vo. False Decretals:—The latest criticism is by Hmschius, Commentatio de Collections Isidori Mercatoris (prefixed to his ed. of the work, Lipsise, 1863), and art. Pseudo - Isidor by Wasserschleben in Herzog s Real-Encydop&die (xii. 337), 1860, and by Hefele in Wetzer und Welte s Kirchenlexicon (viii. 849), 1852. The text books of Phillips, Schulte, Walter, Richter, &c., give a resume of the different views. The older authorities ureEcclesiastica Historia, &c. (known as the Magdeburg Centuries, 13 vols. fol.), Basil. 1559- 74, vol. ii. c. 7, and vol. iii. c. 7 ; F. Turrianus, Adversus Magde- burgenscs Centuriatores, &c., Florent. 1572 ; Blondellus, Pseudo- isidorus ct Turrianus Vapulantes, Genev. 1628 ; Gallandius, De Vclustis Canonum Collectionibus Sylloge (2 vols. 4to), Mogunt. 1790, vol. i. p. 528, and vol. ii. p. 1 (dissertations by the brothers Bal- lerini and Car. Blascus); Knust, De Fontibus et Consilio Pseudoisi- doriance Collectionis, Getting. 1832 ; Rosshirt, Zuden kirchenrecht- lichen Quellen des ersten Jahrtausends und zu den Pseudoisidor- ischcn Dccrctal.cn, Heidelb. 1849. Canon Law in England:—Sir Matthew Hale s History of the Common Law, chap. 2 (6th ed. by Runnington, 1820); Reeve s Hist, of the English Law, chaps. 25 and 26 (new ed. by Finlason, 1869, 3 vols.); Introductions to Black- stone s Commentaries; Burn s Ecclesiastical Law (9th ed. by Phillimore, 4 vols. 1842), and Phillimore s Ecclesiastical Law of the Church of England (2 vols. 1873) ; Bowyer s Readings before the Society of tJie Middle Temple, 1851, lectures 12 to 15; The Queen v. Millis, 1844, 10 Clark and Finnelly s House of Loids Reports, 534 ; Martin v. Mackonochie and Flamank v. Simpson, 1868, Law Reports, 2 Admiralty and Ecclesiastical, 116 ; The Queen v. the Archbishop of Canterbury, 1848, 11 Adolphus and Ellis s Queen s Bench Reports, new series, 483 ; Marslwll v. the Bishop of Exeter, I860, 29 Law Journal, new series, Common Pleas, 354. Canon Law in Scotland:—Lord Stair s Institutions, bk. i. tit. i. sees. 14 and 16 ; Fergusson s Consistorial Law, 1829, p. 2 ; Riddell s Scot tish Peerage and Consistorial Law, 1842, vol. i. p. 449 ; Introduc tion to Fraser s Law of Husband and Wife, 2 vols. 1876 ; Mr Joseph Robertson s preface to Ecclesice Scoticance Staluta, 2 vols. 4to., 1866 (Bannatyne Club) ; Bell s Report of a Case of Legitimacy under a Putative Marriage, 1825 ; Lord Medwyn s opinion in the Marnoch case (Cruickshank v. Gordon], 10th March, 1843-45 ; Dunlop s Court of Session Reports, 941.
CANONICAL, as an adjective, is found associated with many substantives, and always implies dependence, real or supposed, upon the canons of the church. Thus we read of " canonical obedience," as signifying the obedience recog nized as due to a superior officer of the church from an inferior, as that due to a bishop from a presbyter. Per haps the best known and most widely spread use of the term occurs in the case of Canonical Hours, otherwise called Hours of Prayer, which are certain stated times of the day, consigned in the East, and in the West before the Reformation, more especially by the Church of Rome, to offices of prayer and devotion. These were at first three only, and were supposed to be inherited from the Jewish Church (see Psalm Iv. 17, Dan. vi. 10, and Acts iii. 1), namely, the third, sixth, and ninth hours, corresponding to 9 A.M., noon, and 3 P.M. with us. They were increased to five, and subsequently to seven (see Psalm cxix. 164), and in time made obligatory on monastic and clerical bodies. The full list, recognized almost universally through out Europe before 700 A.D., stands thus : Matins (called also Matin Lauds, or simply Lauds), Prime, Terce, Sext, Nones, Evensong, Compline ; in the Saxon canons of ^Elfric, Uhtsang, Primsang, Undersong, Midday sang, Non- sung, JEfensang, Nihtsang. (See Du Gauge, Glossarium, s. v. " Hone Canonicae;" Durandus, De Off. Divin., lib. v. , Smith and Cheetham s Dictionary of Christian Antiquities, art. " Hours of Prayer.") Bishop Cosin, in the reign of Charles I., put forth an edition of the Hours (as books of devotion for the canonical hours are often called) for the use of such individuals or bodies of the English Church as might like to use them.
by which persons deceased are ranked in the catalogue of
the saints. This act is preceded by beatification ; and
- ↑ The authority of this and most other French writers on canon law is to be received with caution on matters having any connection with the Gallican Liberties.
