Henry of Segusio

Jus novum (c. 1140-1563) Jus novissimum (c. 1563-1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of the faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life Henry of Segusio, usually called Hostiensis, (c. 1200 – 6 or 7 November 1271)[1] was an Italian canonist of the thirteenth century, born at Susa (Segusio), in the ancient Diocese of Turin.

He taught canon law at Paris, and spent some time in England, whence King Henry III sent him on a mission to Innocent IV.

He was not present at the compromise election of Tedaldo Visconti on 1 September 1271, after the vacancy in the Holy See of two years and nine months.

[9] This is because canon law was based on the Bible , and God had given his vicar, the pope, the authority to interpret that text.

[12] Similarly, Hostiensis believed that the pope could grant exemptions even from divine law ("mandates of the Apostles and rules of the Old Testament"),[12] so long as that exemption did not lead to a mortal sin, violate the faith, subvert the faith, or endanger the salvation of souls.

[14] According to Hostiensis the pope was imbued with the authority of the two swords (Lk 22:36-38), interpreted as spiritual and temporal power.

[20] “This translation of power was first made to the person of Christ who combined the functions of priesthood and kingship, and this sacerdotal and kingly power was then transferred to the popes.”[21] Non-Christians were thus subject to Christians but could maintain sovereignty over their lands so long as they recognized the church as superior.

[21] If non-believers failed to recognize the lordship of the Church, however, sovereignty could be taken away from them by the pope and transferred to Christian rulers.

Both Juan Lopez de Palacios Rubios and Fray Matias de Paz, who were recruited by King Ferdinand of Spain in 1512 to help legitimate Spanish title over the New World,[23] based their justifications of Spanish sovereignty over the New World on Hostiensis’ ideas on papal temporal sovereignty.