HISTORY OF CANON LAW

By Jose Adriel Hebron

I. Introduction:

The church was not born with its administrative organization in place. The church’s rules and
procedures were shaped by its internal needs, the surrounding cultures, and pressures of changed
circumstances.
II. History:

A. The Post Apostolic and Early Church (1st-4th Century AD):

From the end of the 1st century to the late 4th century, characterized by local churches without
central authority but with mutual recognition and communication.

Rules emerged in two forms:

customary (formulated by local church leaders and recorded as community customs)
conciliar (formulated by Ecumenical Councils and accepted by churches in communion).
Examples of Customary Rules: Didache and Traditio Apostolica, compiled customs recognized
and accepted by various churches.

B. The Church of the Empire (4th – 8th century):

Christianity became the official religion of the Roman Empire during this period.
Thus, it adopted elements of Roman law.
The Bishop of Rome, known as the Pope, emerged as a figure of central authority, issuing
decretals that became the first manifestation of papal legislative regulations.
Prescriptive letters or decrees, recognized by both the church and the state, regulated the alliance
between the church and the state.
The fall of the Roman Empire led to the coronation of Charlemagne as the Holy Roman
Emperor, solidifying the church’s authority and influence.
Two important canonical collections emerged:
Syntagma Canonum Antiochenum - The collection of conciliar canons made at Antioch
Dionysiana - A collection of conciliar canons and papal decretals was made in Rome by a monk
named Dionysius Exiguus.

C. From 8th Century to 12th Century: The Church and Feudalism

The feudal period had a significant impact on the church’s regulatory system. The tribes that
conquered the crumbling Roman Empire profoundly influenced the church’s legal framework.
The feudal system was rooted in customary law, deeply intertwined with the lives and
livelihoods of the people. It was tied to the land on which and from which they lived. The feudal
system was based on three fundamental concepts: vassalage, fealty, and benefice.
For instance, the local lord granted priests revenue from specific lands in exchange for their
parochial duties. The pastorate became a benefice, an office linked to a source of income. The
lord, as the owner and protector of the land, had the discretion to appoint whomever he wished to
these pastoral offices, often disregarding the priest’s qualifications or the spiritual well-being of
the people.
Similarly, the office of bishops, which housed religious communities, particularly monasteries,
was utilized by greater nobles and kings to consolidate their power and income. These
offices and the lands of the church were seen as tools for political gain.
The clergy pledged faithful service to the secular rulers. Historically, lords (laypersons) had
the authority to install their preferred bishops and abbots in their offices by investing them
with the symbols of office, such as pastoral staff and rings. Moreover, kings, driven by spiritual
considerations, asserted the right to appoint bishops and even the pope.
The pope, in response to spiritual concerns, claimed the authority not only to appoint bishops but
also to depose kings.
Pope Gregory VII, in 1075, proclaimed that no clergy member could receive the investiture
of a bishopric, abbey, or church from the hands of an emperor, king, or any layperson, male or
female.
The investiture controversy, which lasted nearly fifty years, was finally resolved with a
compromise in 1122 at the Worms Concordat. This agreement stipulated that bishops would be
canonically elected, and lay lords would no longer invest them with rings and staff.
Feudalism had a significant influence on canon law, and many elements of Germanic law
found their way into the church’s discipline. For instance, the extensive use of oaths in judicial
proceedings, stipends and stole fees for sacramental ministries, and the use of rings and staff
are all examples of this influence.

D. The Classical Period of Canon Law (12th – 14th Century)

During the twelfth and thirteenth centuries, the canons of the church were
systematically organized and rationalized, forming a comprehensive
and logical body of knowledge. This body of canonical knowledge was
not merely studied but also practiced as an art from that time on.
Collections made during the reign of Charlemagne (around 800) and
the Gregorian reform (around 1050) reflected efforts to restore
traditional discipline.

Despite these efforts, significant confusion persisted. John Gratian, often

referred to as the father of the science of canon law, made
significant contributions to harmonizing the canon law. In
approximately 1140, Gratian compiled all the canon law from the
earliest popes and councils up to the second Lateran Council
(1139). This compilation, known as Concordantia Discordantium
Canonum (A harmony of discordant Canons) or Decretum, laid the
foundation for the scientific study of law.

The scientific approach stimulated by the Decretum encouraged the

papacy to resolve disputes and provide necessary legislations. Over
the next century, thousands of papal decretals were issued and
gradually collected in five compilationes. Gregory IX commissioned
Raymond of Peňafort to organize these compilationes into a
single collection, which was promulgated with the bull Rex pacificus
on September 5, 1234.

This collection, known as the Extravagantes or Liber extra, became

the primary official compilation of canon law.

Private collections that later formed the Corpus Iuris Canonici

include:
1. The Decretum of Gratian
2. The Liber Extra Gregory IX (1234)
3. The Liber Sextus of Boniface VIII
4. The Constitutiones Clementinae of Clement V (1317)
5. The Extravagantes of John XXII and the Extravagantes
communes, which were private collections, formed the Corpus
Iuris Canonici.

The corpus, along with the decrees of the Council of Trent (1545-1563),
remained the fundamental law of the Roman Catholic Church until the
Codex Iuris Canonici was published in 1917.

E. Decline and Reform (14th to 19th century)

This period is marked by numerous events such as the Black Death, Avignon Papacy, Western
Schism, and Protestant Reformation. They complicated the religious landscape and significantly
brought down the credibility of the Church as a mediator. On a positive note, these events
prompted the Church to bring about profound changes, most especially in the Council of
Trent and the Counter Reformation.