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Updated: July 11, 2025
This is a certain conclusion, being common to all our authorities, as we find by St. Thomas, by the Civil laws, and by the great canonists and casuists; all of whom agree that the prince has that power of law-giving which the people have given him.
And to this the canonists have distorted the misunderstood Church ordinances, which were enacted by the Fathers for a far different purpose, namely, not that by these works we should seek after righteousness, but that, for the sake of mutual tranquillity among men, there might be a certain order in the Church.
And scarcely less stringent in the proprietary incapacities it imposes is the English Common Law, which borrows far the greatest number of its fundamental principles from the jurisprudence of the Canonists.
Yet a sense of duty so far prevailed that I went through a course of the fathers, pored over the canonists, and made many resolute attacks upon the schoolmen.
The final court of appeal in all matters ecclesiastical was before the Pope at Rome or Avignon, and the proctors and doctors, and all the canonists and officials, actually required to be paid for their work. When a monastery was in for a great fight with a bishop, it was a serious matter for both parties. But it was much more serious for the bishop than for the convent.
This theory, which leaves the question what the woman is to do with three of her four humours undecided, will hardly find fervent advocates among the present canonists.
That is still the defect of the marriage system we have inherited from the Church, but in the hands of the Canonists it was emphasized both on the side of its facility for entrance and of its difficulty for exit.
With its solemn doctors, its insipid canonists, its hypocritical and atrabilious devotees, Jerusalem has not conquered humanity. The North has given to the world the simple Shunammite, the humble Canaanite, the impassioned Magdalene, the good foster-father Joseph, and the Virgin Mary.
Here we cannot help but admire the way in which Scudéri, the bully of this tragic-comedy, forced to the wall, blackguards and maltreats him, how pitilessly he unmasks his classical artillery, how he shows the author of Le Cid "what the episodes should be, according to Aristotle, who tells us in the tenth and sixteenth chapters of his Poetics"; how he crushes Corneille, in the name of the same Aristotle "in the eleventh chapter of his Art of Poetry, wherein we find the condemnation of Le Cid"; in the name of Plato, "in the tenth book of his Republic"; in the name of Marcellinus, "as may be seen in the twenty-seventh book"; in the name of "the tragedies of Niobe and Jephthah"; in the name of the "Ajax of Sophocles"; in the name of "the example of Euripides"; in the name of "Heinsius, chapter six of the Constitution of Tragedy; and the younger Scaliger in his poems"; and finally, in the name of the Canonists and Jurisconsults, under the title "Nuptials."
At the same time, it would be a gross mistake to imagine that the idea of universal conquest may be considered as obliterated. This is the case with the intellectuals and with many practical commercial or industrial men; but the canonists and the vulgar still live in the illusion of the days of Islam's greatness.
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