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Updated: July 11, 2025
Edward saw that the most practical way of dealing with clerical claims was for him to stand in good personal relations to the chief dispensers of ecclesiastical jurisdiction. With a pope like Gregory X. it was easy for Edward to be on friendly terms; but it was more difficult to feel any cordiality for the dogmatic canonists or the furious Guelfic partisans who too often occupied the chair of St.
When the Concordat of 1801 was concluded, Consalvi rejoiced that he had done so well, for he was empowered, if necessary, to make still greater concessions. The revolutionary canonists were persuaded that the Pope, if he rejected the king's overtures, would be acting as the instrument of the aristocratic party, and would be governed by calculated advantage, not by conscience.
The barrier which in Christendom has opposed itself to the natural recognition of this fact, so injuring alike the child and the State, has clearly been the rigidity of the marriage system, more especially as moulded by the Canon law. The Canonists attributed a truly immense importance to the copula carnalis, as they technically termed it.
It is certainly not the canonists who will detect the kernel; "verily we are God's and verily to Him do we return," they cry in helpless amazement, and their consolation is in the old prayer: "And lay not on us, O our Lord, that for which we have no strength, but blot out our sins and forgive us and have mercy upon us. Thou art our Master; grant us then to conquer the Unbelievers!"
There is no doubt that the doctrine of the canonists which impresses the modern mind most deeply is the usury prohibition, partly because it is not generally realised that the usury doctrine would not have forbidden the receipt of any of the commonest kinds of unearned revenue of the present day, and partly because the discussion of usury occupies such a very large part of the writings of the canonists.
If Philip was sustained by the Roman law and its interpreters, whose counsels he gladly followed, Boniface, on the other hand, could lean upon the system of ecclesiastical or canon law, which had long been growing up in Europe, and of which the Canonists were the professional expounders.
Such talk have the canonists, the Pope's parasites, surely, but with small discretion or soberness. For they could scant say more, at least they could not speak more highly of Christ Himself. As for us, truly we have fallen from the Bishop of Rome upon no manner of worldly respect or commodity.
He brought to his exalted position the clearly formulated theories of the canonists as to the nature of the papal power, as well as the overweening ambition, the high courage, the keen intelligence and the perseverance and energy necessary to turn the theories of the schools into matters of every-day importance.
Why agree they no better among themselves concerning original sin in the Blessed Virgin? concerning a solemn vow and a single vow? Why say the canonists, that auricular confession is appointed by the positive law of man: and the schoolmen contrariwise, that it is appointed by the law of God? Why doth Albertus Pighius dissent from Cajetanus? And why do the Nominals disagree from the Reals?
If common estimation was thus organised, either by the town authorities or guilds or parliament, it was possible to determine beforehand what the price should be and to lay down a rule to this effect; in modern times we can only look back on the competition prices and say by reflection what the common estimation has been. 'The common estimation of which the Canonists spoke, says Dr.
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