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Updated: July 11, 2025
If prices and wages are both to be returns for work done, and returns of an exact equivalence, then, on the assumptions which the canonists made that the usurer does no work, and that his loan is unproductive of any new value it necessarily follows that no return is due, or can be justly paid, for the use of borrowed money.
There are in each Inquisition twelve Counsellors, viz: four Divines, four Canonists, and four Civilians. It is chiefly the province of the divines to determine the quality of the proposition, whether it is heretical, or only savors of heresy; whether it is blasphemous and injurious to God and His saints or only erroneous, rash, schismatical, or offensive to pious ears.
The language and spirit of the Justinianean code, being highly favourable to this claim, the emperors encouraged the civilians, and in return for it, had their pens at command. The decree of Gratian was favourable to the pretensions of the popes; and on this account was encouraged by the canonists. Hence, generally speaking, the civilians were partisans of the emperors, the canonists of the popes.
When the Protestant Reformers seized on the idea of marriage as a contract they were not influenced by any reasoned analysis of the special characteristics of a contract; they were merely anxious to secure a plausible ground, already admitted even by the Canonists to cover certain aspects of the matrimonial union, on which they could declare that marriage is a secular and not an ecclesiastical matter, a civil bond and not a sacramental process.
Thou art our Master; grant us then to conquer the unbelievers!" And the common people are willingly taught by the canonists and feed their hope of better days upon the innumerable legends of the olden time and the equally innumerable apocalyptic prophecies about the future.
He acquiesced fully in the opinion of the bishops and canonists as to the sufficiency of the Tridentine decrees as guides in all points of reformation of the clergy or instruction of the people; but he could not concur with them as to the mitigation of punishment which they proposed in consideration either of the age, sex, or character of individuals, since he was of opinion that his edicts were in no degree wanting in moderation.
'It has indeed, writes Sir William Ashley, 'not infrequently been hinted that all the elaborate argumentation of canonists and theologians was "a cobweb of the brain," with no vital relation to real life.
See 14 Eliz. c. 5, sec. 16, and 39 Eliz. c. 3. 37 Hen. VIII, c. 17, re-enacted I Eliz. c. I. "The real effect of the statute was this that lay lawyers were substituted for the clerical canonists of pre-Reformation times." Lewis T. Dibden, An Historical Inquiry into the Status of the Ecclesiastical Courts , 59.
Dynastic and political questions were settled in a comparatively small circle, by court intrigue, stratagems, and force; and the canonists, like the people, were bound to accept the results.
They had never asked themselves in what respect orthodoxy differed from schism, nor how positive religion was opposed to natural religion; it is the civil organization of the clergy which has led them to distinguish the difference between the unsworn cure and the interloper, between the right mass and the wrong mass; it is the prohibition of the mass which has led them to comprehend its importance; it is the revolutionary government which has transformed them into theologians and canonists.
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