Chapter XIV: Part 14

4. _The Future Codification._--Neither Clement VIII. nor, at a later date, Benedict XIV., could have dreamt of the radical reform at present in course of execution. Instead of accumulating the texts of the laws in successive collections, it is proposed entirely to recast the system of editing them. This codification in a series of short articles was suggested by the example of the French codes, the history of which during the 19th century is well known. From all quarters the Catholic episcopate had submitted to the Vatican council petitions in this sense. "It is absolutely clear," said some French bishops, "and has for a long time past been universally acknowledged and asserted, that a revision and reform of the canon law is necessary and most urgent. As matters now stand, in consequence of the many and grave changes in human affairs and in society, many laws have become useless, others difficult or impossible to obey. With regard to a great number of canons, it is a matter of dispute whether they are still in force or are abrogated. Finally, in the course of so many centuries, the number of ecclesiastical laws has increased to such an extent, and these laws have accumulated in such immense collections, that in a certain sense we can well say: We are crushed beneath the laws, _obruimur legibus_. Hence arise infinite and inextricable difficulties which obstruct the study of canon law; an immense field for controversy and litigation; a thousand perplexities of conscience; and finally contempt for the laws."[36] We know how the Vatican council had to separate without approaching the question of canonical reform; but this general desire for a recasting of the ecclesiastical code was taken up again on the initiative of Rome. On the 19th of March 1904, Pius X. published a _Motu proprio, "de ecclesiae legibus in unum redigendis_." After briefly reviewing the present condition of the canonical texts and collections, he pointed out its inconvenience, referred to the many requests from the episcopate, and decreed the preparation of a general code of canon law. This immense undertaking involved the codification of the entire canon law, drawing it up in a clear, short and precise form, and introducing any expedient modifications and reforms. For this purpose the pope appointed a commission of cardinals, of which he himself became president; also a commission of "consultors" resident at Rome, which asked for a certain amount of assistance from canonists at various universities and seminaries. Further, the assembled bishops of each province were invited to give their opinion as to the points in which they considered the canon law might profitably be modified or abrogated. Two consultors had the duty of separately drawing up a preliminary plan for each title, these projects being twice submitted for the deliberation of the commission (or sub-commission) of consultors, the version adopted by them being next submitted to the commission of cardinals, and the whole finally sent up for the papal sanction. These commissions started work at the end of 1904.

Local law.

_Local Law._--The common law of the Roman Church cannot by itself uniformly regulate all the churches of the different nations; each of them has its own local law, which we must briefly mention here. In theory, this law has as its author the local ecclesiastical authorities, councils or bishops; but this is true only for laws and regulations which are in harmony with the common law, merely completing or defining it. But if it is a question of derogating from the common law, the authority of the Holy See must intervene to legalize these derogations. This intervention takes the form either of "indults," i.e. graceful concessions granted at the request of the episcopate, or of special approbation of conciliary resolutions. It would, however, be impossible to mention any compilations containing only local law. Whether in the case of national or provincial councils, or of diocesan synods, the chief object of the decrees is to reinforce, define or apply the law; the measures which constitute a derogation have only a small place in them. It is, then, only in a limited sense that we can see a local canon law in the councils of the various regional churches. Having made this remark, we must distinguish between the countries which are still subject to the system of concordats and other countries.

Countries subject to concordats.

In the case of the former, the local law is chiefly founded on the concordat (q.v.), including the derogations and privileges resulting from it. The chief thing to note is the existence, for these countries, of a civil-ecclesiastical law, that is to say, a body of regulations made by the civil authority, with the consent, more or less explicit, of the Church, about ecclesiastical matters, other than spiritual; these dispositions are chiefly concerned with the nomination or confirmation by the state of ecclesiastics to the most important benefices, and with the administration of the property of the Church; sometimes also with questions of jurisdiction, both civil and criminal, concerning the persons or property of the Church. It is plain that the agreements under the concordats have a certain action upon a number of points in the canonical laws; and all these points go to constitute the local concordatory law. This is the case for Austria, Spain, Portugal, Bavaria, the Prussian Rhine provinces, Alsace, Belgium, and, in America, Peru. Up to 1905 it was also the case in France, where the ancient local customs now continue, pending the reorganization of the Church without the concordat.

We do not imply that in other countries the Church can always find exemption from legislative measures imposed upon her by the civil authorities, for example, in Italy, Prussia and Russia; but here it is a situation _de facto_ rather than _de jure_, which the Church tolerates for the sake of convenience; and these regulations only form part of the local canon law in a very irregular sense.

Other Countries.

In other countries the episcopal assemblies lay down the local law. England has its council of Westminster (1852), the United States their plenary councils of Baltimore (1852, 1866, 1884), without mentioning the diocesan synods; and the whole of Latin America is ruled by the special law of its plenary council, held at Rome in 1899. The same is the case with the Eastern Churches united to the Holy See; following the example of the famous council of Lebanon for the Maronites, held in 1730, and that of Zamosc for the Ruthenians, in 1720, these churches, at the suggestion of Leo XIII., have drawn up in plenary assembly their own local law: the Syrians at Sciarfa in 1888; the Ruthenians at Leopol in 1891; and a little later, the Copts. The framing of local law will certainly be more clear and more easy when the general code of canon law has been published.

BIBLIOGRAPHY.--For the texts and collections: the dissertations of Dom
Coustant, _De antiquis canonum collectionibus, deque variis
epistolarum Rom. Pont, editionibus_ (Paris, 1721); P. de Marca, _De
veteribus collectionibus canonum_ (Paris, 1681); the brothers Peter
and Jerome Ballerini, _De antiquis tum editis tum ineditis
collectionibus et collectoribus canonum ad Gratianum usque_ (Venice,
1757). This is the best of all these works; it is reproduced in Migne,
_P.L._, vol. 56; C. Seb. Berardi, _De variis sacrorum canonum
collectionibus ante Gratianum_ (Turin, 1752); P. Quesnel, _De codice
canonum Ecclesiae Romanae; de variis fidei libellis in antiquo Rom.
Eccl. codice contentis; de primo usu codicis canonum Dionysii Exigui
in Gallicanis regionibus_ (Paris, 1675; with the critical notes of the
brothers Ballerini, also in Migne, _loc. cit._); and finally, Florent,
_De methodo atque auctoritate collectionis Gratiani_ (Paris, 1679),
and Antonio Agustin, archbishop of Tarragona, _De emendatione
Gratiani_ (Tarragona, 1586); these have all been brought together in
Gallandi, _De vetustis canonum collectionibus dissertationum sylloge_
(Venice, 1778). The most complete work on the texts up to the 9th
century is F. Maassen, _Geschichte der Quellen und der Literatur des
canonischen Rechts im Abendlande_, vol. i. (all that has yet appeared,
Gratz, 1870). For the period between the False Decretals and Gratian,
there is no work of this sort, but the materials have been put
together and published in part by M.P. Fournier. After Gratian, the
classic work is Schulte, _Geschichte der Quellen und Literatur des
canonischen Rechts von Gratian bis auf die Gegenwart_ (3 vols.,
Stuttgart, 1875 et. seq.). Manuals for the study of the sources: Ph.
Schneider, _Die Lehre von den Kirchenrechtsquellen_ (Regensburg,
1892); F. Laurin, _Introductio in Corpus juris canonici_ (Freiburg,
1889); Tardif, _Histoire des sources du droit canonique_ (Paris,
1887). Most of the German manuals on canon law devote considerable
space to the history of the sources: see Phillips, vol. ii (3rd ed.,
1857; French translation by the abbe Crouzet); Vering, 3rd ed.
(Freiburg, 1893); Schulte, _Das katholische Kirchenrecht_, pt. i.
(Giessen, 1860), &c. For the Greek Church: Pitra, _Juris ecclesiae
graecorum historia et monumenta_ (Rome, 1864); the later history of
the Greek law: Zachariae, _Historiae juris graecorum delineatio_
(Heidelberg, 1839); Mortreuil, _Histoire du droit byzantin_ (Paris,
1843-1846); the recent texts in the _Conciliorum Collectio lacensis_,
vol. ii.; _Acta et decreta s. conciliorum, quae ab episcopis rituum
orientalium ab a. 1682 usque ad a. 1789 indeque ad a. 1869 sunt
celebrata_ (Freiburg, 1876). Short manual of Institutions: Jos.
Papp-Szilagyi, _Enchiridion juris eccl. orientalis catholicae_
(Magno-Varadini, 1862). For recent canonical texts: Richter's edition
of the council of Trent (Leipzig, 1863); the _Collectanea S.C. de
Propaganda Fide_ (Rome, 1893); the _Bullarium_, a collection of papal
acts and constitutions; the editions of Cocquelines (28 vols., Rome,
1733-1756), and of Cherubini (19 vols., Luxemburg, 1727-1758), which
are better than the enlarged reprint of Turin, which was unfinished
(it goes up to 1730). The official edition of the _Bullarium_ of
Benedict XIV. (4 vols., Rome, 1754-1758) has been reprinted several
times and is of great importance; the continuation of the _Bullarium_
since Benedict XIV. has been published by Barberi, _Bullarii romani
continuatio_, in 20 vols., going up to the fourth year of Gregory XVI.
Every year, since 1854, has been printed a collection of pontifical
acts, _Acta Pii IX., Acta Leonis XIII._, &c., which are the
equivalents of the _Bullarium_. Dictionaries: Durand de Maillane,
_Dictionnaire canonique_ (Paris, 1786), re-edited by Andre under the
title, _Cours alphabetique et methodique de droit canonique_, and by
Wagner (Paris, 1894), has Gallican tendencies; Ferraris, _Prompta
bibliotheca canonica_, &c., several new and enlarged editions; the
best is that of Migne (1866), completed by Father Bucceroni, _Ferraris
Supplementum_ (Rome, 1899). Articles on canon law in Wetzer und
Welte's _Kirchenlexicon_ (2nd ed., Freiburg, 1880 et seq.); Hauck,
_Realencyklopadie fur prot. Theologie und Kirche_ (2nd ed., Leipzig,
1877-1888); Vacant-Mangenot's _Dictionnaire de theologie catholique_,
in course of publication (Paris, 1899 et seq.). Periodicals: _Analecta
juris pontificii_, ed. by Mgr. Chaillot (1863-1889); _Analecta
ecclesiastica_ (since 1893); _Acta Sanctae sedis_ (since 1865);
_Archiv fur kathol. Kirchenrecht_ (since 1857); _Le Canoniste
contemporain_ (since 1878). (A. Bo.*)

_Canon Law in England and in the Anglican Communion_.--There were matters in which the local English and Irish canon law, even before the 16th century, differed from that obtaining on the western part of the European continent. Thus (1), it has been said that--whereas the continental canon law recognized a quadripartite division of Church revenue of common right between (a) the bishop, (b) the clergy, (c) the poor, (d) the fabric--the English law maintained a tripartite division--(a) clergy, (b) the poor, (c) the fabric. Lord Selborne (_Ancient Facts and Fictions concerning Churches and Tithes_, 2nd ed., 1892) denies that there was any division of tithe in England. (2) By the general canon law the burden of repairing the nave, as well as the chancel of the church, was upon the parson or rector who collected the whole tithe. But the custom of England transferred this burden to the parishioners, and some particular local customs (as in the city of London) placed even the burden of repair of the chancel on them. To meet this burden church rates were levied. (3) A church polluted by the shedding of blood, as by suicide or murder, was reconsecrated on the continent. In England the custom was (and is) simply to "reconcile." (4) A much more important difference, if the decision of the Irish court of exchequer chamber upheld in the House of Lords, where the peers were equally divided, correctly stated the English Canon law (_Reg._ v. _Millis_, 10 Cl. & Fin., 534) was in regard to the essentials of marriage. By the general Western canon law before the council of Trent, the parties themselves were said to be the "ministers of the Sacrament" in the case of holy matrimony. The declared consent of the parties to take each other there and then constituted at once (although irregularly) holy matrimony. The presence of priest or witnesses was not necessary. In _Reg._ v. _Millis_, however, it was held that in England it was always otherwise and that here the presence of a priest was necessary. High authorities, however, have doubted the historical accuracy of this decision. (5) The addition of houses of priests to the provincial synods seems peculiar to England and Ireland.

The historical position of the general canon law of the Catholic Church in the English provinces has, since the separation from Rome, been the subject of much consideration by English lawyers and ecclesiastics. The view taken by the king's courts, and acquiesced in by the ecclesiastical courts, since Henry VIII., is that the Church of England was always an independent national church, subject indeed to the general principles of the _jus commune ecclesiasticum_ (Whitlock J. in _Ever_ v. _Owen_, Godbolt's Reports, 432), but unbound by any particular constitutions of council or pope; unless those constitutions had been "received" here by English councils, or so recognized by English courts (secular or spiritual) as to become part of the ecclesiastical custom of the realm. Foreign canon law never bound (so it has been taught) _proprio vigore_.

The sources of English ecclesiastical law (purely ecclesiastical) were therefore (1) the principles of the _jus commune ecclesiasticum_; (2) foreign particular constitutions received here, as just explained; (3) the constitutions and canons of English synods (cf. _Phill. Ecc. Law_, part i. ch. iv., and authorities there cited).

1. On the existence of this _jus commune ecclesiasticum_ and that the Church of England, in whatever sense independent, takes it over until she repeals it, see _Escott_ v. _Mastin_, 4 Moo. _P.C.C._ 119. Lord Brougham, in delivering the judgment, speaks of the "common law prevailing for 1400 years over Christian Europe," and (p. 137) says that "nothing but express enactment can abrogate the common law of all Christendom before the Reformation of the Anglican Church."

2. As to foreign particular constitutions in England, there are a great number of them, of which it has been and is admitted, that they have currency in England. However papal in their origin, post-Reformation lawyers have regarded them as valid, unless they can be shown to be contrary to the king's prerogative, or to the common or statute law of the realm. To this doctrine express statutory authority (as the events have happened) has been given by 25 Hen. VIII. c. 19, sect. 7. A striking example of the doctrine is furnished by the decree of Innocent III. in the Fourth Lateran Council against pluralities. This decree was enforced in the court of Arches against a pluralist clerk in 1848 (_Burder_ v. _Mavor_, I Roberts, 614). The courts of common law from Lord Coke's time downwards have recognized this "constitution of the pope" (as the queen's bench called it in 1598). The exchequer chamber, in 1837, declared it to have "become part of the common law of the land" (_Alstan_ v. _Atlay, 7 A._ and _E._ 289).

3. The particular constitutions of English synods are numerous and cover a large field. At least in legal theory, the only distinction between pre-Reformation and post-Reformation constitutions is in favour of the former--so long as they do not contravene the royal prerogative or the law of the land (see 25 Hen. VIII. c. 19). The most important are collected together and digested (so far as regards England) in Lyndwood's _Provinciale_, a work which remains of great authority in English courts. These constitutions are again divided into two classes: (a) provincial constitutions promulgated by provincial synods, usually in the name of the presiding archbishop or bishop; and (b) decrees of papal legates, Otho in 1236 and Othobon (Ottobuono de' Fieschi, afterwards Pope Adrian V.) in 1269. Canons passed since 25 Hen. VIII. c. 19 have not the parliamentary confirmation which that act has been held to give to previous canons, and do not necessarily bind the laity, although made under the king's licence and ratified by him. This doctrine laid down by Lord Hardwicke in _Middleton_ v. _Croft_ (2 _Stra_. 1056) was approved in 1860 in _Marshall_ v. _Bp. of Exeter_ (L.R. 3 H.L. 17). Nevertheless, there are many provisions in these post-Reformation canons which are declaratory of the ancient usage and law of the Church, and the law which they thus record is binding on the laity. The chief body of English post-Reformation canon law is to be found in the canons of 1603, amended in 1865 and 1888. The canons of 1640 are apparently upon the same footing as those of 1603; notwithstanding objections made at the time that they were void because convocation continued to sit after the dissolution of parliament. The opinion of all the judges taken at the time was in favour of the legality of this procedure. 13 Car. ii. c. 12 simply provided that these canons should not be given statutory force by the operation of that act.

In addition to the enactment of canons (strictly so-called) the English provincial synods since the Henrician changes have legislated--in 1570 by the enactment of the Thirty-Nine Articles, in 1661 by approving the present Book of Common Prayer, and in 1873 by approving shorter forms of matins and evensong.

The distinction between pre-Henrician and post-Henrician procedure lies in the requirement, since 25 Hen. VIII., of the royal licence and confirmation. Apparently diocesan synods may still enact valid canons without the king's authority; but these bodies are not now called.

The prevailing legal view of the position of the Church of England in regard to canon law has been just stated, and that is the view taken by judicial authority for the past three centuries. On the other hand, it is suggested by, e.g., the late Professor Maitland, that it was not, in fact, the view taken here in the later middle ages--that in those ages there was no theory that "reception" here was necessary to validate papal decrees. It is said by this school of legal historians that, from the Conquest down to Henry VIII., the Church of England was regarded by churchmen not as in any sense as separate entity, but as two provinces of the extra-territorial, super-national Catholic Church, and that the pope at this period was contemplated as the _princeps_ of this Catholic Church, whose edicts bound everywhere, as those of Augustus had bound in the Roman empire.

It is right that this view should be stated, but it is not that of the writer of this article.

As to _Ireland_, in a national synod of the four Irish provinces held at Dublin before the four archbishops, in 1634, a hundred canons were promulgated with the royal licence, containing much matter not dealt with by similar constitutions in England. In 1711, some further canons were promulgated (with royal licence) by another national synod. Some forms of special prayer were appended to these canons.

In 1869 the Irish Church Act (32 and 33 Vict. c. 42) "disestablished" the Irish Church, sect. 19 repealed any act of parliament, law or custom whereby the bishops, clergy or laity of the said church were prohibited from holding synods or electing representatives thereto for the purpose of making rules for the well-being and ordering of the said church, and enacted that no such law, &c., should hinder the said bishops, clergy and laity, by such representatives, lay and clerical, and so elected as they shall appoint, from meeting in general synod or convention and in such general synod or convention forming constitutions and providing for future representation of the members of the church in diocesan synods, general convention or otherwise. The Church of Ireland, so set free, created for herself new legislative authorities, unknown to the old canon law, viz. mixed synods of clergy and laity, and a system of representation by election, unknown to primitive or medieval times. Similar changes had, however, been introduced during the preceding century in some parts of the Anglican communion outside the British Isles (see _infra_). Sect. 20 of the same statute kept alive the old ecclesiastical law of Ireland by way of assumed contract (cf. ECCLESIASTICAL JURISDICTION).

Under the provisions of this statute, the "archbishops and bishops of the ancient Apostolic and Catholic Church of Ireland" (so they describe themselves), together with representatives of the clergy and laity, assembled in 1870, in "General Convention," to "provide for the regulation" of that church. This Convention declared that a General Synod of the archbishops and bishops, with representatives of the clergy and laity, should have chief legislative power in the Irish Church, with such administrative power as might be necessary and consistent with the church's episcopal constitution. This General Synod was to consist of two Houses--the House of Bishops and the House of Lay and Clerical Representatives. No question was to be carried unless there were in its favour a majority of the clerical and lay representatives, voting either conjointly or by orders, and also a majority of the bishops, should they desire to vote. This General Synod was given full power to alter or amend canons, or to repeal them, or to enact new ones. For any alteration or amendment of "articles, doctrines, rites or rubrics," a two-thirds majority of each order of the representative house was required and a year's delay for consultation of the diocesan synods. Provisions were made as to lay representation in the diocesan synods. The Convention also enacted some canons and a statute in regard to ecclesiastical tribunals (see ECCLESIASTICAL JURISDICTION). It expressly provided that its own legislation might be repealed or amended by future general synods.

In 1871 the General Synod attempted to codify its canon law in forty-eight canons which, "and none other," were to have force and effect as the canons of the Church of Ireland. Since 1871 the General Synod has, from time to time, put forth other canons.

The post-Reformation history of canon law in the Anglican communion in _Scotland_ has differed from the story of that law in the last four centuries in Ireland. After the legislation under William and Mary disestablishing episcopacy in Scotland and subjecting its professors to civil penalties, little attention was given to canon law for many years. Synods of bishops at Edinburgh in 1724 and 1731 dealt with some disputed questions of ritual and ceremonial. In 1743 an assembly of five bishops enacted sixteen canons. A "primus" was to be chosen indifferently from the bishops, but to have no other powers than those of convoking and presiding over synods. He was to hold office only during pleasure of the other bishops. Bishops were to be elected by the presbyters of the district. Such election was subject to the confirmation of the majority of the bishops. In 1811, a "Code of Canons" was enacted by a "General Ecclesiastical Synod," consisting of the bishops, the deans (viz. presbyters appointed by the bishops in each diocese to defend the interests of the presbyters and now for the first time given "decisive" voice in synods) and certain clerical representatives from the "districts" or dioceses. Future synods, called for the purpose of altering the code, were to consist of two chambers. The first was to be composed of the bishops; the second to consist of the "deans" and clerical representatives. No law or canon was to be enacted or abrogated, save by the consent of both chambers. These canons were revised in 1828, 1829 and 1838. The code of this last year created diocesan synods, to be held annually and to consist of the bishop, dean and all instituted clergy of the diocese. It also provided for the annual meeting of a purely episcopal synod, which was to receive appeals from either clergy or laity. In 1862-1863, another General Synod further revised and amended the Code of Canons. This revised code enabled the bishop to appoint a learned and discreet layman to act as his chancellor, to advise him in legal matters and be his assessor at diocesan synods. Assistant curates and mission priests were, under certain restrictions, given seats in diocesan synods. Male communicants were also permitted to be present at such synods, with a deliberative but not "decisive" voice; unless in special circumstances the bishop excluded them. Canon 46 provides that "if any question shall arise as to the interpretation of this Code of Canons or of any part thereof, the general principles of canon law shall be alone deemed applicable thereto." This provision was reenacted in Canon 47 of 1876. Canon 51 of 1890, however, weakens this provision. It enacts that: "The preceding canons shall in all cases be construed in accordance with the principles of the civil law of Scotland. Nevertheless, it shall be lawful, in cases of dispute or difficulty concerning the interpretation of these canons, to appeal to any generally recognized principles of canon law." The canons of 1862-1863 also provided for a lay share in the election of bishops. In 1890 the 32nd canon enacted that the "General Synod" should thereafter be called the Provincial Synod.

The canon law in Scotland before the 16th century was generally that of the continent of Europe. The usages of the church were similar to those in France, and had not the insular character of those in England and Ireland. The canon law regulating marriage, legitimacy and succession was taken over by the Scottish secular courts (see ECCLESIASTICAL JURISDICTION) and survived as part of the common law of the land almost unimpaired. Thus, the courts recognize marriages by _verba de praesenti_ or by _verba de futuro cum copula_--in this last matter following a decree of Gregory IX.--and also legitimation _per subsequens matrimonium_. But though one of the _fontes juris Scotiae_, canon law never was of itself authoritative in Scotland. In the canons of her national provincial councils (at whose yearly meetings representatives attended on behalf of the king) that country possessed a canon law of her own, which was recognized by the parliament and the popes, and enforced in the courts of law. Much of it, no doubt, was borrowed from the _Corpus juris canonici_ and the English provincial canons. But the portions so adopted derived their authority from the Scottish Church. The general canon law, unless where it has been acknowledged by act of parliament, or a decision of the courts, or sanctioned by the canons of a provincial council, is only received in Scotland according to equity and expediency.

The "Protestant Episcopal Church _in the United States_" is the organization of the Anglican Communion in the American colonies before the separation. This communion was subject to "all the laws of the Church of England applicable to its situation" (Murray Hoffman, _A Treatise on the Law of the Protestant Episcopal Church_, New York, 1850, p. 17). This body of law the Protestant Episcopal Church of the United States took over (_op. cit._ p. 41 et seq.; F. Vinton, _A Manual Commentary on the General Canon Law and the Constitution of the Protestant Episcopal Church_, New York, 1870, p. 16 et seq.). Much, however, of the English post-Reformation canonical legislation was not applicable to the United States, because of different circumstances, as e.g. a very large portion of the canons of 1603 (Vinton, p. 32). In 1789, a General Convention, consisting of clerical and lay deputies as well as of bishops, assumed for itself and provided for its successors supreme legislative power. The concurrence of both "orders," clerical and lay, was required for the validity of any vote. Since 1853 a lay deputy to the Convention has been required to be a communicant (_ib._ p. 102). Upon the American bishops numbering more than three, they became a separate "House" from the "Convention." The House of Bishops was given a right to propose measures to the "House of Deputies," and to negative acts of the House of Deputies, provided they complied with certain forms. Similar "constitutions" providing for representation of the laity have been adopted by the different dioceses (Hoffman, _op. cit._ p. 184 et seq.). Deacons are also admitted to a deciding voice in every diocese but New Jersey, where they may speak but not vote. A great body of legislation has been put forth by these bodies during the past century.

Since 1870, at least, the "Church of the Province of _South Africa_" has secured autonomy while yet remaining a part of the Anglican Communion. By its constitution of that year the English Church in South Africa adopts the laws and usages of the Church of England, as far as they are applicable to an unestablished church, accepts the three creeds, the Thirty-Nine Articles, the Book of Common Prayer, the decisions of the undisputed general councils, the Authorized English Version of the Scriptures, disclaims the right of altering any of these standards of faith and doctrine, except in agreement with such alterations as may be adopted by a general synod of the Anglican Communion. But in interpreting these standards of faith and doctrine, the Church of the Province of South Africa is not bound by decisions other than those of its own Church courts, or such court as the Provincial Synod may recognize as a tribunal of appeal. The Provincial Synod is the legislative authority subject to a general synod of the Anglican Communion, provided such latter synod include representatives from the Church of South Africa. The Provincial Synod consists of (1) the House of Bishops, (2) the House of the Clergy, (3) the House of the Laity. No resolution can be passed which is not accepted by all three orders. Bishops are elected by the clergy with the assent of lay representatives, subject to the confirmation of the metropolitan and comprovincial bishops. The metropolitan is to be consecrated in England by the archbishop of Canterbury. He now bears the title of archbishop. All bishops are to enter into a contract to obey and maintain the constitution and canons of the province. Canon 18 of the Code of 1870 recognizes the offices of catechist, reader and sub-deacon (Wirgman, _The English Church and People in South Africa_, p. 223 et seq.).

In the West Indies, Canada, Australia and New Zealand, provincial and diocesan synods or conventions have been formed on one or other of the types above mentioned and have enacted canons. (W. G. F. P.)

FOOTNOTES:

[1] The councils which we are about to mention, up to the 9th
century, have been published several times, notably in the great
collections of Hardouin, Mansi, &c.; they will be found brought
together in one small volume in Bruns, _Canones apostolorum et
conciliorum_ (Berlin, 1839).

[2] The date of this council was formerly unknown; it is ascribed to
343 by the Syriac Nestorian collection recently published by M.
Chabot, _Synodicon Orientale_, p. 278, note 4.

[3] See Boudinhon, "Note sur le concile de Laodicee," in the _Compte
rendu du premier congres des savants catholiques a Paris_, 1888
(Paris, 1889), vol. ii. p. 420.

[4] For the further history of the law of the Greek Church and that
of the Eastern Churches, see Vering, _Kirchenrecht_, SS 14-183 (ed.
1893). The Russian Church, as we know, adopted the Greek
ecclesiastical law.

[5] Edited by Pierre Pithou (Paris, 1588), and later by Chifflet,
_Fulg. Ferrandi opera_ (Dijon, 1694); reproduced in Migne, _Patr.
Lat._ vol. 67, col. 949.

[6] Published by Quesnel in his edition of the works of St Leo, vol.
ii. (Paris, 1675); reproduced by the brothers Ballerini, with learned
dissertations, _Opera S. Leonis_, vol. iii., Migne, _P.L. 56._

[7] Malnory, _Saint Cesaire d'Arles_ (Paris, 1894).

[8] _Collectio canonum Ecclesiae Hispanae_ (Madrid, 1808); reproduced
in Migne, _P.L. 84._

[9] L. Duchesne, "Le Concile d'Elvire" in the _Melanges Renier_.

[10] For the Penitentials, see Wasserschleben, _Die Bussordnungen der
abendlandischen Kirche_ (Halle, 1851); Mgr. H.J. Schmitz, _Die
Bussbucher und die Bussdisciplin der Kirche_ (2 vols., Mainz, 1883,
1898).

[11] This is proved, in spite of the contrary opinions of
Wasserschleben and Schmitz, by M. Paul Fournier, "Etude sur les
Penitentiels," in the _Revue d'histoire et de litterature
religieuses_, vol. vi. (1901), pp. 289-317, and vol. vii., 1902, pp.
59-70 and 121-127.

[12] In Migne, _P.L._ 105, col. 651.

[13] Edited by Wasserschleben (Giessen, 1874). See also P. Fournier,
"De l'influence de la collection irlandaise sur la formation des
collections canoniques," in _Nouvelle Revue historique de droit
francais et etranger_, vol. xxiii, note I.

[14] The collection of the False Decretals has been published with a
long critical introduction by P. Hinschius, _Decretales
Pseudo-Isidorianae et capitula Angilramni_ (Leipzig, 1863). For the
rest of the bibliography, see DECRETALS (FALSE).

[15] The latest edition is in Pertz, _Monumenta Germaniae_, vol. ii.
part ii.

[16] Edited by Wasserschleben (Leipzig, 1840); reproduced by Migne,
_P.L. 132._

[17] Edited several times; in Migne, _P.L. 140._

[18] P. Fournier, "Le Premier Manuel canonique de la reforme du XIe
siecle," in _Melanges de l'Ecole francaise de Rome_, xiv. (1894).

[19] Unpublished.

[20] Edited by Mgr. Pio Martinucci (Venice, 1869). On this collection
see Wolf von Glanvell, _Die Kanonessammlung des Kardinals Deusdedit_
(Paderborn, 1905).

[21] Unpublished.

[22] Several times edited; in Migne, _P.L._ 161. See P. Fournier,
"Les Collections canoniques attribuees a Yves de Chartres,"
_Bibliotheque de l'Ecole des Chartres_ (1896 and 1897).

[23] Printed in Martene, _Nov. Thesaur. anecdot._ vol. v. col. 1019.

[24] See P. Fournier, "Deux Controverses sur les origines du Decret
de Gratien," in the _Revue d'histoire et de litterature religieuses_,
vol. iii. (1898), pp. n. 2 and 3.

[25] See Laurin, _Introductio in corpus juris canonici_, c. vii. p.
73.

[26] By referring to the decretals of Gregory IX. for the texts
inserted there, E. Friedberg has succeeded in giving a much abridged
edition of the _Quinque compilationes_ (Leipzig, 1882).

[27] Edited by Schulte, _Die Summa des Paucapaiea_ (Giessen, 1890).

[28] Edited by Thaner, _Die Summa Magistri Rolandi_ (Innsbruck,
1874); later by Gietl, _Die Sentenzen Rolands_ (Freiburg im B.,
1891).

[29] Edited by H. Singer, _Die Summa Decretorum des Magister Rufinus_
(Paderborn, 1902).

[30] Edited by Schulte, _Die Summe des Stephanus Tornacensis_
(Giessen, 1891).

[31] He made a Summa of his own collection, ed. E. Laspeyres,
_Bernardi Papiensis Summa Decretalium_ (Mainz, 1860). The
commentaries of Innocent IV. and Henry of Susa have been frequently
published.

[32] The history of this commission and the rules which it followed
for editing the _Decretum_, will be found in Laurin, _Introductio in
corpus juris canonici_, p. 63, or in the Prolegomena to Friedberg's
edition of the _Decretum_.

[33] Quoted by Hogan, _Clerical Studies_, p. 235.

[34] There are innumerable editions of the council of Trent. That
which is favoured by canonists is Richter's edition (Leipzig, 1863),
in which each chapter _de reformatione_ is followed by a selection of
decisions of the S.C. of the council.

[35] Republished by F. Sentis, from one of the few copies which have
escaped destruction: _Clementis Papae VIII. Decretales, quae vulgo
nunenpantur Liber septimus Decretalium Clementis VIII._ (Freiburg im
B., 1870).

[36] _Omnium concilii Vaticani ... documentorum collectio_, per
Conradum Martin (Paderborn, 1873), p. 152.

CANOPUS, or CANOBUS, an ancient coast town of Lower Egypt, a hundred and twenty stadia, or 15 m. east of Alexandria, the principal port in Egypt for Greek trade before the foundation of Alexandria, situated at the mouth of the westernmost (Canopic or Heracleotic) branch of the Nile, on the western bank. The channel, which entered the Mediterranean at the western end of the Bay of Aboukir, is entirely silted up, but on the shore at Aboukir there are extensive traces of the city with its quays, &c. Excavation has disclosed granite monuments with the name of Rameses II., but they may have been brought at a late period for the adornment of the place. It is not certain that Canopus was an old Egyptian town, but it appears in Herodotus as an ancient port. In the 9th year of Ptolemy Euergetes (239 B.C.) a great assembly of priests at Canopus passed an honorific degree, _inter alia_, conferring the title [Greek: Euergetaes] "Benefactor" on the king. Two examples of this decree are known, inscribed in hieroglyphic, demotic and Greek. From it we learn that the native form of the name of Canopus was Karob. A temple of Osiris was built by Euergetes, but very near to Canopus was an older shrine, a temple of Heracles mentioned by Herodotus as an asylum for fugitive slaves. The decree shows that Heracles here stands for Ammon. Osiris was worshipped at Canopus under a peculiar form, a vase with a human head, and was identified with Canopus, the pilot of Menelaus, who was said to have been buried here: the name canopic has been applied, through an old misunderstanding, to the vases with human and animal heads in which the internal organs were placed by the Egyptians after embalming. In the Roman epoch the town was notorious for its dissoluteness. Aboukir means "father Cyrus," referring to a Coptic saint of that name. (F. Ll. G.)

CANOPY (through Fr. _canape_, from Med. Lat. _canapeum_, classical _conopeum_, a mosquito curtain, Gr. [Greek: konops], a gnat), the upper part or cover of a niche, or the projecting ornament over an altar or scat or tomb. Early English canopies are generally simple, with trefoiled or cinquefoiled heads; but in the later styles they are very rich, and divided into compartments with pendants, knots, pinnacles, &c. The triangular arrangement over an Early English and Decorated doorway is often called a canopy. The triangular canopies in the north of Italy are peculiar. Those in England are generally part of the arrangement of the arch mouldings of the door, and form, as it were, the hood-moulds to them, as at York. The former are above and independent of the door mouldings, and frequently support an arch with a tympanum, above which is a triangular canopy, as in the Duomo at Florence. Sometimes the canopy and arch project from the wall, and are carried on small jamb shafts, as at San Pietro Martire, at Verona. There is an extremely curious canopy, being a sort of horseshoe arch, surmounting and breaking into a circular arch, at Tournai. Similar canopies are often over windows, as at York, over the great west window, and lower tiers in the towers. These are triangular, while the upper windows in the towers have ogee canopies.

CANOSA (anc. _Canusium_), a town of Apulia, Italy, in the province of Bari, situated on the right bank of the Ofanto (anc. _Aufidus_), 505 ft. above sea-level, 15 m. S.W. of Barletta by rail. Pop. (1901) 24,230. It was rebuilt in 963 below the Roman city, which had been abandoned after its devastation by the Saracens in the 9th century. The former cathedral of S. Sabino (the bishopric passed in 1818 to Andria), in the southern Romanesque style, was consecrated in 1101: it has five domes (resembling St Mark's at Venice, except that it is a Latin cross, instead of a Greek cross, in plan) and many ancient columns. The archiepiscopal throne and pulpit of the end of the 11th century are also fine. On the south side of the building is the detached mausoleum of Bohemund, son of Robert Guiscard, who died in 1111, constructed partly in Byzantine, partly in the local style. It has fine bronze doors with long inscriptions; the exterior is entirely faced with _cipollino_ (Carystian) marble. The conception of this mortuary chapel, which is unique at this period, was undoubtedly derived from the _turbeh_ before a mosque; these turbehs are square, domed-roofed tombs in which the sultans and distinguished Mahommedans are buried (E. Bertaux, _L'Art dans l'Italie meridionale_, Paris, 1904, i. 312). A medieval castle crowns the hill on the side of which the city stands. (See CANUSIUM.) (T. As.)

CANOSSA, a ruined castle, 1890 ft. above sea-level, in Emilia, Italy, 12 m. S.W. of Reggio Emilia, commanding a fine view of the Apennines. It belonged to the countess Matilda of Tuscany (d. 1115), and is famous as the scene of the penance performed by the emperor Henry IV. before Pope Gregory VII. in 1077. The castle was destroyed by the inhabitants of Reggio in 1255.

CANOVA, ANTONIO (1757-1822), Italian sculptor, was born on the 1st of November 1757, at Passagno, an obscure village situated amid the recesses of the hills of Asolo, where these form the last undulations of the Venetian Alps, as they subside into the plains of Treviso. At three years of age Canova was deprived of both parents, his father dying and his mother remarrying. Their loss, however, was compensated by the tender solicitude and care of his paternal grandfather and grandmother, the latter of whom lived to experience in her turn the kindest personal attention from her grandson, who, when he had the means, gave her an asylum in his house at Rome. His father and grandfather followed the occupation of stone-cutters or minor statuaries; and it is said that their family had for several ages supplied Passagno with members of that calling. As soon as Canova's hand could hold a pencil, he was initiated into the principles of drawing by his grandfather Pasino. The latter possessed some knowledge both of drawing and of architecture, designed well, and showed considerable taste in the execution of ornamental works. He was greatly attached to his art; and upon his young charge he looked as one who was to perpetuate, not only the family name, but also the family profession.

The early years of Canova were passed in study. The bias of his mind was to sculpture, and the facilities afforded for the gratification of this predilection in the workshop of his grandfather were eagerly improved. In his ninth year he executed two small shrines of Carrara marble, which are still extant. Soon after this period he appears to have been constantly employed under his grandfather. Amongst those who patronized the old man was the patrician family Falier of Venice, and by this means young Canova was first introduced to the senator of that name, who afterwards became his most zealous patron. Between the younger son, Giuseppe Falier, and the artist a friendship commenced which terminated only with life. The senator Falier was induced to receive him under his immediate protection. It has been related by an Italian writer and since repeated by several biographers, that Canova was indebted to a trivial circumstance--the moulding of a lion in butter--for the warm interest which Falier took in his welfare. The anecdote may or may not be true. By his patron Canova was placed under Bernardi, or, as he is generally called by filiation, Torretto, a sculptor of considerable eminence, who had taken up a temporary residence at Pagnano, a village in the vicinity of the senator's mansion. This took place whilst Canova was in his thirteenth year; and with Torretto he continued about two years, making in many respects considerable progress. This master returned to Venice, where he soon afterwards died; but by the high terms in which he spoke of his pupil to Falier, the latter was induced to bring the young artist to Venice, whither he accordingly went, and was placed under a nephew of Torretto. With this instructor he continued about a year, studying with the utmost assiduity. After the termination of this engagement he began to work on his own account, and received from his patron an order for a group, "Orpheus and Eurydice." The first figure, which represents Eurydice in flames and smoke, in the act of leaving Hades, was completed towards the close of his sixteenth year. It was highly esteemed by his patron and friends, and the artist was now considered qualified to appear before a public tribunal. The kindness of some monks supplied him with his first workshop, which was the vacant cell of a monastery. Here for nearly four years he laboured with the greatest perseverance and industry. He was also regular in his attendance at the academy, where he carried off several prizes. But he relied far more on the study and imitation of nature. From his contemporaries he could learn nothing, for their style was vicious. From their works, therefore, he reverted to living models, as exhibited in every variety of situation. A large portion of his time was also devoted to anatomy, which science was regarded by him as "the secret of the art." He likewise frequented places of public amusement, where he carefully studied the expressions and attitudes of the performers. He formed a resolution, which was faithfully adhered to for several years, never to close his eyes at night without having produced some design. Whatever was likely to forward his advancement in sculpture he studied with ardour. On archaeological pursuits he bestowed considerable attention. With ancient and modern history he rendered himself well acquainted and he also began to acquire some of the continental languages.

Three years had now elapsed without any production coming from his chisel. He began, however, to complete the group for his patron, and the Orpheus which followed evinced the great advance he had made. The work was universally applauded, and laid the foundation of his fame. Several groups succeeded this performance, amongst which was that of "Daedalus and Icarus," the most celebrated work of his noviciate. The simplicity of style and the faithful imitation of nature which characterized them called forth the warmest admiration. His merits and reputation being now generally recognized, his thoughts began to turn from the shores of the Adriatic to the banks of the Tiber, for which he set out at the commencement of his twenty-fourth year.

Before his departure for Rome, his friends had applied to the Venetian senate for a pension, to enable him to pursue his studies without embarrassment. The application was ultimately successful. The stipend amounted to three hundred ducats (about L60 per annum), and was limited to three years. Canova had obtained letters of introduction to the Venetian ambassador, the Cavaliere Zulian, and enlightened and generous protector of the arts, and was received in the most hospitable manner. His arrival in Rome, on the 28th of December 1780, marks a new era in his life. It was here he was to perfect himself by a study of the most splendid relics of antiquity, and to put his talents to the severest test by a competition with the living masters of the art. The result was equal to the highest hopes cherished either by himself or by his friends. The work which first established his fame at Rome was "Theseus vanquishing the Minotaur." The figures are of the heroic size. The victorious Theseus is represented as seated on the lifeless body of the monster. The exhaustion which visibly pervades his whole frame proves the terrible nature of the conflict in which he has been engaged. Simplicity and natural expression had hitherto characterized Canova's style; with these were now united more exalted conceptions of grandeur and of truth. The Theseus was regarded with fervent admiration.

Canova's next undertaking was a monument in honour of Clement XIV.; but before he proceeded with it he deemed it necessary to request permission from the Venetian senate, whose servant he considered himself to be, in consideration of the pension. This he solicited in person, and it was granted. He returned immediately to Rome, and opened his celebrated studio close to the Via del Babuino. He spent about two years of unremitting toil in arranging the design and composing the models for the tomb of the pontiff. After these were completed, other two years were employed in finishing the monument, and it was finally opened to public inspection in 1787 The work, in the opinion of enthusiastic _dilettanti_, stamped the author as the first artist of modern times. After five years of incessant labour, he completed another cenotaph to the memory of Clement XIII., which raised his fame still higher. Works now came rapidly from his chisel. Amongst these is Psyche, with a butterfly, which is placed on the left hand, and held by the wings with the right. This figure, which is intended as a personification of man's immaterial part, is considered as in almost every respect the most faultless and classical of Canova's works. In two different groups, and with opposite expression, the sculptor has represented Cupid with his bride; in the one they are standing, in the other recumbent. These and other works raised his reputation so high that the most flattering offers were sent him from the Russian court to induce him to remove to St Petersburg, but these were declined. "Italy," says he, in writing of the occurrence to a friend, "Italy is my country--is the country and native soil of the arts. I cannot leave her; my infancy was nurtured here. If my poor talents can be useful in any other land, they must be of some utility to Italy; and ought not her claim to be preferred to all others?"

Numerous works were produced in the years 1795-1797, of which several were repetitions of previous productions. One was the celebrated group representing the "Parting of Venus and Adonis." This famous production was sent to Naples. The French Revolution was now extending its shocks over Italy; and Canova sought obscurity and repose in his native Passagno. Thither he retired in 1798, and there he continued for about a year, principally employed in painting, of which art also he had some knowledge. He executed upwards of twenty paintings about this time. One of his productions is a picture representing the dead body of the Saviour just removed from the cross, surrounded by the three Marys, S. John, Joseph of Arimathea, and, somewhat in the background, Nicodemus. Above appears the Father, with the mystic dove in the centre of a glory, and surrounded by a circle of cherubs. This composition, which was greatly applauded, he presented to the parochial church of his native place. Events in the political world having come to a temporary lull, he returned to Rome; but his health being impaired from arduous application, he took a journey through a part of Germany, in company with his friend Prince Rezzonico. He returned from his travels much improved, and again commenced his labours with vigour and enthusiasm.

Canova's sculptures have been distributed under three heads:--(1) Heroic compositions; (2) Compositions of grace and elegance; and (3) Sepulchral monuments and relievos. In noticing the works which fall under each of these divisions, it will be impossible to maintain a strict chronological order, but perhaps a better idea of his productions may thus be obtained. Their vast number, however, prevents their being all enumerated.

(1) His "Perseus with the Head of Medusa" appeared soon after his return. The moment of representation is when the hero, flushed with conquest, displays the head of the "snaky Gorgon," whilst the right hand grasps a sword of singular device. By a public decree, this fine work was placed in one of the _stanze_ of the Vatican hitherto reserved for the most precious works of antiquity; but it would be a mistake to say that it wholly sustains this comparison, or that it rivals the earlier realization of the same subject in Italian art, that by Cellini. In 1802, at the personal request of Napoleon, Canova repaired to Paris to model a bust of the first consul. The artist was entertained with munificence, and various honours were conferred upon him. The statue, which is colossal, was not finished till six years after. On the fall of the great Napoleon, Louis XVIII. presented this statue to the British government, by whom it was afterwards given to the duke of Wellington. "Palamedes," "Creugas and Damoxenus," the "Combat of Theseus and the Centaur," and "Hercules and Lichas" may close the class of heroic compositions, although the catalogue might be swelled by the enumeration of various others, such as "Hector and Ajax," and the statues of Washington, King Ferdinand of Naples, and others. The group of "Hercules and Lichas" is considered as the most terrible conception of Canova's mind, and in its peculiar style as scarcely to be excelled.

(2) Under the head of compositions of grace and elegance, the statue of Hebe takes the first place in point of date. Four times has the artist embodied in stone the goddess of youth, and each time with some variation. The only material improvement, however, is the substitution of a support more suitable to the simplicity of the art. Each of the statues is, in all its details, in expression, attitude and delicacy of finish, strikingly elegant. The "Dancing Nymphs" maintain a character similar to that of the Hebe. The "Graces" and the "Venus" are more elevated. The "Awakened Nymph" is another work of uncommon beauty. The mother of Napoleon, his consort Maria Louisa (as Concord), to model whom the author made a further journey to Paris in 1810, the princess Esterhazy and the muse Polymnia (Elisa Bonaparte) take their place in this class, as do the ideal heads, comprising Corinna, Sappho, Laura, Beatrice and Helen of Troy.