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Updated: July 11, 2025
Cunningham's works at length because they are of great value in helping us to estimate the rival parts played by theory and practice in mediæval economic teaching; in the first place, because the author was by no means prepossessed in favour of the teaching of the canonists, but rather unsympathetic to it; in the second place, because, although his work was concerned primarily with practice, he found himself obliged to make a study of theory before he could properly understand the practice; and lastly, because they point particularly to the effect of the teaching on just price.
It lasted not long, before the Canonists and certain ruling Churchmen helped to break up, in the consciousness of men at large, this noble perception of the two-step ladder from God to man and from man to God. And the Protestant Reformers, as a whole, went even beyond Saints Paul and Augustine in exclusive preoccupation with Sin and Redemption.
We do not pretend to know to what precise extent the canonists of Oxford agree with those of Rome as to the circumstances which nullify orders. We will not, therefore, go so far as Chillingworth. We only say that we see no satisfactory proof of the fact, that the Church of England possesses the apostolical succession. And, after all, if Mr.
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.
In the orthodox expectation of the Mahdi the Moslim theory has most sharply expressed its condemnation of the later political history of Islam. But just as beside this legislative agreement, a dogmatic and a mystic agreement grew up, in the same way there was a separate Ijma' regarding the political government, upon which the canonists could exercise only an indirect influence.
We have seen that when the Catholic development of the archaic conception of marriage as a sacrament, slowly elaborated and fossilized by the ingenuity of the Canonists, was at last nominally dethroned, though not destroyed, by the movement associated with the Reformation, it was replaced by the conception of marriage as a contract.
The final outcome was that Protestantism framed a conception of marriage mainly on the legal and economic factor a factor not ignored but strictly subordinated by the Canonists and regarded it as essentially a contract.
But canonists themselves bear witness to the distinction which I have now pointed out. The one kind is Jurisdictio coactiva proprie dicta, principibus data; the other is Jurisdictio improprie dicta ac mere spiritualis, Ecclesiae ejusque Episcopis a Christo data....
On this account, the canonists, although it was from their ranks that the officials of the qadhi court were to be drawn, considered no words too strong to express their contempt for the office of qadhi. In handbooks of the Law of all times, the qadhis "of our time" are represented as unscrupulous beings, whose unreliable judgments were chiefly dictated by their greed.
Provincial councils prescribed its use and some canonists held it to be obligatory. In the early Church there was a divergence of date and practice in Advent celebration. Thus, in France it began on St. Rome did not, in very early days, observe the Advent fasts, but maintained the shorter period, containing only four Sundays.
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