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Updated: July 11, 2025
Such exaggeration is not supported by the canonists; but these have devised a theory, which gives a foundation to the authority of Mohammedan princes, who never had a real or fictitious connection with a real or fictitious Khalifate.
The general features of the case were then recapitulated. His marriage with his brother's wife had been pronounced illegal by the principal universities of Europe, by the clergy of the two provinces of the Church of England, by the most learned theologians and canonists, and finally, by the public judgment of the church.
The general features of the case were then recapitulated. His marriage with his brother's wife had been pronounced illegal by the principal universities of Europe, by the clergy of the two provinces of the Church of England, by the most learned theologians and canonists, and finally, by the public judgment of the church.
Previously to the accession of Charles V., it can not be said that an inquisition had ever been established in the provinces. Isolated instances to the contrary, adduced by the canonists who gave their advice to Margaret of Parma, rather proved the absence than the existence of the system.
Rousseau thus, unconsciously enough, brought to its climax that reaction against the absorption of the state in the church which had first taken a place in literature in the controversy between legists and canonists, and had found its most famous illustration in the De Monarchiâ of the great poet of catholicism.
Gastripheres, for example, continued Kysarcius, baptizes a child of John Stradling's in Gomine gatris, &c. &c. instead of in Nomine patris, &c. Is this a baptism? No say the ablest canonists; in as much as the radix of each word is hereby torn up, and the sense and meaning of them removed and changed quite to another object; for Gomine does not signify a name, nor gatris a father.
This implied an interpretation of the oldest sources independent from the catholic development of Islam, and in contradiction with the general opinion of the canonists, according to whom, since the fourth or fifth century of the Hijrah, no one is qualified for such free research.
Alike from the standpoint of reason and of humanity the gate that is easy of ingress must be easy of egress; or if the exit is necessarily difficult then extreme care must be taken in admission. But neither of these necessary precautions was possible to the Canonists.
Notwithstanding the destructive criticism of all Moslim princes and state officials by the canonists, it was only from them that they could expect measures to uphold and extend the power of Islam; and on this account they continually cherished the ideal of the Khalifate. I am pleased to find the same views expressed by Prof.
After the twelfth century the discussion was conducted on a gradually broadening economic basis appeals to the Fathers, canonists, philosophers, the jus divinum, the jus naturale, the jus humanum, became the order of the day. Before we proceed to discuss the new philosophical or scholastic treatment of usury which was inaugurated for all practical purposes by Aquinas, we must briefly refer to the ecclesiastical legislation on the subject.
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