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Updated: June 22, 2025
The Cardinal Benedict Gaetano was at once elected his successor and took the style of Boniface VIII. The son of a noble house of the neighbourhood of Anagni, a canonist, a politician, and a zealot, the new pope had made personal acquaintance with Edward and England from having attended Cardinal Ottobon on his English legation, and was eager to appease discord between Christian princes in order to forward the crusade.
A mufti is not necessarily an official; every canonist who, at the request of a layman, expounds to him the meaning of the law on any particular point and gives a fatwa, acts as a mufti.
Endemann, for instance, devotes a great part of his invaluable books on the subject to demonstrating how impracticable the canonist teaching was when it was applied to real life, and recounting the casuistical devices that were resorted to in order to reconcile the teaching of the Church with the accepted mercantile customs of the time.
The Sisters of the Assumption have erected a handsome building which serves as a rest house and a girls' school. The sisters known as the "Belgian Canonist Missionaries" are erecting a building which will afford them a place to come for recuperation when wearied by strenuous work in the lowlands, and will make it possible for them to open a school for Igorot girls, which they are planning to do.
'As we cannot fully understand the work of Adam Smith without giving some attention to the physiocrats, nor the physiocrats without looking at the mercantilists: so the beginnings of mercantile theory are hardly intelligible without a knowledge of the canonist doctrine towards which that theory stands in the relation partly of a continuation, partly of a protest.
But there was a further point in the same question which afforded matter for an interesting discussion among the lawyers. Pope Innocent IV, who had first been famous as a canonist, and retained as Pontiff his old love for disputations of this kind, developed a theory of his own on the relation between the right of the individual to possess and the right of the State over that possession.
But though there were branches of commercial law which were, in the main, independent of the canonist doctrine, there were none that were opposed to it. On the fundamental points of usury and just price, commercial law in the later Middle Ages adopted completely the principles of the canonists.
One of its chief spokesmen, the Canonist Ivo, Bishop of Chartres, who had suffered much for his enthusiasm for reform, insists in his correspondence even with the Pope himself, that the prohibition passed upon lay investiture is not among the class of matters which have been settled by a law for ever binding, but among those which have been enjoined or forbidden, as the case might be, for the honour or profit of the Church, and he appropriately bids the papal legate beware lest the Roman clergy should incur the charge of taking tithe of mint and rue while they omit the weightier precepts of the law.
As a profound canonist, he was placed on the commission appointed to decide on the legality of Henry VII's marriage with Katharine of Aragon. His decision in favor of Henry gained him a royal chaplaincy and a living.
It was in vain that Smith strove to brush away his objections with a contemptuous "You do use us thus to be seen a common lawyer." "Indeed," the veteran canonist coolly retorted; "I knew the law ere you could read it!" There was nothing for it but a second adjournment of the court. At its next session all parties met in hotter mood.
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