Jus antiquum

The various communities ruled themselves principally according to their customs and traditions, which, however, possessed a certain uniformity resulting from their close connexion with natural and divine law.

[2] In the course of the 6th century the collection was completed by the addition of documents already in existence, but which had hitherto remained isolated, notably the canonical letters of several great bishops, Dionysius of Alexandria, St Basil and others.

With the addition of the twenty-two canons of the ecumenical council of Nicaea (787), this will give us the whole contents of the official collection of the Greek Church; since then it has remained unchanged.

A collection in which the texts are simply reproduced in their chronological order is obviously inconvenient; towards 550, Johannes Scholasticus, patriarch of Constantinople, drew up a methodical classification of them under fifty heads.

From the 5th century onwards, a certain unification in the ecclesiastical law began to take place within the sphere of the see of Constantinople, but it was not till later that a similar result arrived in the West.

It was formed, so to speak, automatically, owing to the plenary assemblies of the African episcopate held practically every year, at which it was customary first of all to read out the canons of the previous councils.

Dionysius knows only the council of 419, in connexion with the affair of Apiarius; but in this single text are reproduced, more or less fully, almost all the synods of the collection; this was the celebrated Concilium Africanum, so often quoted in the Middle Ages, which was also recognized by the Greeks.

Towards the middle of the 6th century a Carthaginian deacon, Fulgentius Ferrandus, drew up a Breviatio canonum,[c] a methodical arrangement of the African collection, in the order of the subjects.

The latter were of two kinds: some were addressed to the bishops of the ecclesiastical province immediately subject to the pope; the others were issued in answer to questions submitted from various quarters; but in both cases the doctrine is the same.

He was a Scythian by birth, and did not come to Rome till after 496, his learning was considerable for his times, and to him we owe the employment of the Christian era and a new way of reckoning Easter.

The collection formed by combining these two parts remained the only official code of the Roman Church until the labours undertaken in consequence of the reforming movement in the 11th century.

[2] In 774 Pope Adrian I. gave the twofold collection of the Scythian monk to the future emperor Charlemagne as the canonical book of the Roman Church; this is what is called the Dionysio-Hadriana.

This was an important stage in the history of the centralization of canon law; the collection was officially received by the Frankish Church, imposed by the council of Aix-la-Chapelle of 802, and from that time on was recognized and quoted as the liber canonum.

In this country the Church had not been centralized round a principal see which would have produced unity in canon law as in other things; even the political territorial divisions had been very unstable.

[2] The Penitentials are collections intended for the guidance of confessors in estimating the penances to be imposed for various sins, according to the discipline in force in the Anglo-Saxon countries.

Among the most important we may mention those bearing the names of Vinnianus (d. 589), Gildas (d. 583), Theodore of Canterbury (d. 690), the Venerable Bede (d. 735) and Egbert of York (732–767); the Penitentials which are ascribed to St Columbanus, the founder of Luxeuil and Bobbio (d. 615), and Cumean (Cumine Ailbha, abbot of Iona); in the Prankish kingdom the most interesting work is the Penitential of Halitgar, bishop of Cambrai from 817 to 831.

[2] The Irish collection,[f] though it introduced no important documents into the law of the Western Church, at least set canonists the example of quoting passages from the Scriptures and the writings of the Fathers.

This collection seems to date from the 8th century; besides the usual sources, the author has included several documents of local origin, beginning with the pretended synod of St Patrick.

From this time on, canonists began to exercise their individual judgment in arranging their collections according to some systematic order, grouping their materials under divisions more or less happy, according to the object they had in view.

This is made even more noticeable by the fact that, in a good number of the works extant, the author is not content merely to set forth and classify the texts; but he proceeds to discuss the point, drawing conclusions and sometimes outlining some controversy on the subject, just as Gratian was to do more fully later on.

[2] We need mention only the chief of them—the Collectio Anselmo dedicata, by an unknown author of the end of the 9th century; the Libri duo de synodalibus causis et disciplinis ecclesiasticis,[i] compiled about 906 by Regino, abbot of Prüm, and dedicated to Hatto of Mainz, relatively a very original treatise.

Towards the end of the 11th century, under the influence of Hildebrand, the reforming movement makes itself felt in several collections of canons, intended to support the rights of the Holy See and the Church against the pretensions of the emperor.