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The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West〔Dr. Edward N. Peters, (CanonLaw.info ), accessed Jul-1-2013〕 much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the ''jus antiquum'', the ''jus novum'', the ''jus novissimum'' and the ''Code of Canon Law''.〔Manual of Canon Law, pg. 13, #8〕 In relation to the Code, history can be divided into the ''jus vetus'' (all law before the Code) and the ''jus novum'' (the law of the Code, or ''jus codicis'').〔 Eastern canon law developed separately. == ''Jus Antiquum'' == (詳細はChurch Orders: for instance, the ''Didache ton dodeka apostolon'' or "Teaching of the Twelve Apostles", which dates from the end of the first or the beginning of the 2nd century; the Apostolic Church-Ordinance; the ''Didascalia'', or "Teaching of the Apostles"; the Apostolic Canons and Apostolic Constitutions. These collections have never had any official value, no more than any other collection of this first period. However, the Apostolic Canons and, through it, the Apostolic Constitutions, were influential for a time in that later collections would draw upon these earliest sources of Church law.〔Paul Fournier and Gabriel Le Bras, ''Histoire des Collections Canoniques en Occident depuis les Fausses Décrétales jusqu’au Décret de Gratien'', 2 vols. (Paris, 1931), vol I, pp. 16-17〕 It was in the East, after Constantine I's Edict of Milan of toleration (313), that arose the first systematic collections. We cannot so designate the chronological collections of the canons of the councils of the 4th and 5th centuries (314-451); the oldest systematic collection, made by an unknown author in 535, has not come down. The most important collections of this epoch are the ''Synagoge kanonon'', or the collection of John the Scholastic (Joannes Scholasticus), compiled at Antioch about 550, and the Nomocanons, or compilations of civil laws affecting religious matters (''nomos'') and ecclesiastical laws (''kanon''). One such mixed collection is dated in the 6th century and has been erroneously attributed to John the Scholastic; another of the 7th century was rewritten and much enlarged by the schismatical ecumenical patriarch Photius (883). In the Western Church one collection of canons, the ''Collectio Dionysiana'', exercised an influence far beyond the limits of the country in which it was composed. This collection was the work of Dionysius Exiguus, who compiled several collections that now go under the name ''Dionysiana''. Dionysius appears to have done most of his work shortly after the year 600.〔On the controversial date of the Dionysian collections, see E. Wirbelauer, ed., ''Zwei Päpste in Rom: der Konflikt zwischen Laurentius und Symmachus (498–514)'', Studien und Texte, Quellen und Forschungen zur antiken Welt 16 (Munich, 1993), p. 121.〕 His collections contain his own Latin translation of the canons of the ancient third-, fourth- and fifth-century councils, excerpts from a (probably) confected collection of African canons (which Dionysius calls the ''Registrum ecclesiae Carthaginensis''), and a collection of (38) papal letters (''Epistolæ decretales'') dating from the reign of Pope Siricius (384-398) to that of Anastasius II (died 498). The influence of this Italian collection grew enormously during the seventh and eighth centuries, especially in England and France. It was continuously enlarged and modified, the most famous modification being a version supposedly send by Pope Adrian I to Charlemagne in 774 and therefore known today as the ''Collectio Dionysio-Hadriana''. Besides the ''Dionysiana'' Italy also produced two 5th-century Latin translations of the Greek synods known as the '' Corpus canonum Africano-Romanum'' and ''Collectio prisca'', both of which are now lost though large portions of them survive in two very large Italian collections known as the ''Collectio canonum Quesnelliana'' and ''Collectio canonum Sanblasiana'' respectively. In Italy was also produced a popular fifth-century collection of forgeries known today as the ''Symmachean forgeries''. Africa possessed a late fourth-century collection known as the ''Breviarium Hipponense'' as well as an early fifth-century collection known as the ''Codex Apiarii causae''; also the ''Breviatio canonum'', or digest of the canons of the councils by Fulgentius Ferrandus (died c. 546), and the ''Concordia canonum'' of Cresconius Africanus, an adaptation of the ''Dionysiana'' (about 690). In Gaul many important collections were produced, like the collection known today as the ''Concilium Arelatense secundum'' and, at the beginning of the 6th century, the ''Statuta Ecclesiæ antiqua'', erroneously attributed to Africa. Also from Gaul/France are the collections known today as the ''Collectio canonum quadripartita'' and the ''Libri duo de synodalibus causis'' composed by Regino of Prüm. Gaul/France also produced two immensely important collections known as the ''Collectio canonum vetus Gallica'' (compiled in Lyons about 600) and the ''Collectio canonum Dacheriana'' (about 800), the latter so called from the name of its editor, Luc d'Achéry. The ''Collectio canonum Hibernensis'' or Irish collection of canons, compiled in the 8th century, influenced both England, Gaul and (though much later) Italy.〔David N. Dumville, "Ireland, Brittany and England: Transmission and Use of the ''Collectio canonum Hibernensis''", in Catherine Laurent and Helen Davis (eds.), ''Irlande et Bretagne : vingt siècles d'histoire'', Actes du colloque de Rennes, 29-31 mars 1993 (Rennes, 1994), pp. 84-85.〕 Unlike almost every other region, England never produced a 'national' collection, though English personnel played an important role in copying and disseminating Irish and Italian collections in Germany and France.〔M. Elliot, ''Canon Law Collections in England ca 600–1066: The Manuscript Evidence'', unpubl. PhD dissertation (University of Toronto, 2013).〕 Around the year 700 there developed in either England or Germany a collection of penitential canons attributed to Theodore of Tarsus, Archbishop of Canterbury (died 690). This collection marked a major advance in the development of penitential-canonical collections, which had already been in development for centuries especially within the Irish church. Collection like the one attributed to Theodore were known as ''penitentials'', and were often rather short and simple, most likely because they were meant as handbooks for the use of confessors. There were many such books circulating in Europe from the seventh to the eleventh century, each penitential containing rules indicating exactly how much penance was required for which sins. In various ways these penitentials, mainly Insular in origin, came to affect the larger canon law collections in development on the continent.〔Fournier and Le Bras, ''Histoire des Collections Canoniques en Occident'', vol I, pp. 51-62.〕 Iberia (i.e. Spain) possessed the ''Capitula Martini'', compiled about 572 by Martin, Bishop of Braga (in Portugal), and the immense and influential ''Collectio Hispana'' dating from about 633, attributed in the 9th century to St. Isidore of Seville. In the 9th century arose several apocryphal collections, viz. those of Benedictus Levita, of Pseudo-Isidore (also Isidorus Mercator, Peccator, Mercatus), and the ''Capitula Angilramni''. An examination of the controversies which these three collections give rise to will be found elsewhere (see False Decretals). The Pseudo-Isidorian collection, the authenticity of which was for a long time admitted, has exercised considerable influence on ecclesiastical discipline, without however modifying it in its essential principles. Among the numerous collections of a later date, we may mention the ''Collectio Anselmo dedicata'', compiled in Italy at the end of the 9th century, the ''Libellus de ecclesiasticis disciplinis'' of Regino of Prum (died 915); the ''Collectarium canonum'' of Burchard of Worms (died 1025); the collection of the younger St. Anselm of Lucca, compiled towards the end of the 11th century; the ''Collectio trium partium'', the ''Decretum'' and the ''Panormia'' of Yves of Chartres (died 1115 or 1117); the ''Liber de misericordia et justitia'' of Algerus of Liège, who died in 1132; the Collection in 74 Titles — all collections which Gratian made use of in the compilation of his ''Decretum'' 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Legal history of the Catholic Church」の詳細全文を読む スポンサード リンク
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