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Incanon law, acanon designates some law promulgated by asynod, anecumenical council, or an individualbishop.[2]
The word "canon" comes from the Greekkanon, which in its original usage denoted a straight rod that was later the instrument used by architects and artificers as ameasuring stick for making straight lines.Kanon eventually came to mean a rule or norm, so that when the firstecumenical council—Nicaea I—was held in 325,kanon started to obtain the restricted juridical denotation of a law promulgated by a synod or ecumenical council, as well as that of an individual bishop.[2]
Greekkanon /Ancient Greek:κανών,[3]ArabicQanun / قانون,Hebrewkaneh / קנה, "straight"; a rule, code, standard, or measure; the root meaning in all these languages is "reed" (cf. theRomance-language ancestors of the English word "cane"). Akanon was the instrument used by architects and artificers for making straight lines.[4]
Some writers think that the Church preferred the wordcanon tolaw, as the latter had a harsh meaning for the faithful in the times of persecution.[4]
The earlyFathers use canon as equivalent to the rule of faith, or for some formula expressing a binding obligation on Christians.[note 2][4]
Bickell declares that for the first three hundred years, canon is scarcely ever found for a separate and special decree of the Church; rather does it designate the rule of faith in general. He appeals to the fact that the plural form of the word is seldom used in the earliest Christian writers.[4]
With the fourth century began the use of canon for a disciplinary decree, owing to its employment in this sense by theFirst Council of Nicea (325 A.D.).[4]
TheCassinese editors ofFerraris say that in the first ages of the Church many disciplinary regulations were not required, and hence it was scarcely necessary to discriminate decrees into dogmatic and disciplinary, as the faithful classed both under the obligation to observe the general rule of faith.[4]
According to theCatholic Encyclopedia, from the fourth century onward,canon signified almost universally a disciplinary decree of a council or of theRoman Pontiffs.[4]
The worddecretum during the same period, though signifying in general an authoritative statute or decision, began to be limited more and more to dogmatic matters, while canon when used in opposition to it was restricted to laws of discipline. That this usage, however, was not invariable is evident fromGratian's use of "Decretum" to signify his collection of canons and decrees.[note 3][4]
As ecclesiastical regulations began to multiply, it became necessary to gather them into codices, which generally received the title of "Collection of Canons". In these, civil laws are often added to the Church regulations. For such collections the Greeks used the termNomocanones. The Latins have no special name for them, though theCapitularies, e. g. those ofCharlemagne, are sometimes referred to as a somewhat parallel usage in the West.[4]
In 1917, the Catholic Church published the1917Code of Canon Law which applied to theLatin Church. In 1983, it published thea newCode of Canon Law for theLatin Church which replaced the 1917Code of Canon Law.
During the reign of Pius XII,numerous canons for the Eastern Catholic Churches were published. In 1993, theCode of Canons of the Eastern Churches was published.
TheEastern Orthodox Church, principally through the work of 18th-centuryAthonite monastic scholarNicodemus the Hagiorite, has compiled canons and commentaries upon them in a work known as thePēdálion (Ancient Greek:Πηδάλιον, 'Rudder'), so named because it is meant to "steer" the Church in her discipline. The dogmatic determinations of the Councils are to be applied rigorously since they are considered to be essential for the Church's unity and the faithful preservation of the Gospel.[5]
InCatholic canon law, a canon is a certain rule or norm of conduct or belief prescribed by theCatholic Church.[4]
From theFirst Council of Nicea up to the beginning of theCouncil of Trent, the regulations concerning discipline issued by assemblies of bishops received the name of canons.[4]
With theCouncil of Trent in the sixteenth century began the departure from this ancient usage. This council used the wordcanon for short, dogmatic definitions with an anathema attached to them. On the other hand, it gave the name ofdecrees to its disciplinary regulations. The example set by Trent was followed by theFirst Council of the Vatican.[4]
The usage of Trent seems to bringcanon nearer to the signification it bore before theFirst Council of Nicea, when it referred rather to faith than to discipline. The general idea of a decision by Church authority seems to be also the root-meaning of the expressions "Canon of Scripture", "Canon of the Mass", "Canon of Saints", although for the last term Ducange suggests a somewhat different origin.[4]
As to the authority of ecclesiastical canons in the Catholic Church, a distinction is made when speaking ofcanons of faith andcanons of discipline, for the former are irreversible, the latter are not. Similarly, canons containing a precept already binding by reason ofDivine ornatural law, cannot be on the same footing as those that are of mere ecclesiastical origin.[4]
In general, theCorpus Juris Canonici declares[note 4] that canonical statutes are binding on all; likewise[note 5] that bishops are the guardians of the canons and must see to their observance. When there is question of canons in the ordinary ecclesiastical sense (namely, that which obtained before theCouncil of Trent), as they refer principally to matters of discipline, it must be borne in mind that they are neither immutable nor irreformable.[4]
The subject-matter of such canons depends not only on circumstances of persons, places, and times, but also on considerations of expediency or temporary necessity. A change in any of the causes which brought about the framing of the canons, will make a change in their binding force, for disciplinary regulations are almost necessarily mutable.[4]
In like manner when there is question of the binding force of a canon, it is important to determine whether it was issued by ageneral council or by the decree of apope, as imposing an obligation on all the faithful, or whether it was framed solely for restricted regions or persons. In the latter case its binding-force is as restricted as its scope.[4]
TheCatholic Encyclopedia argues that the object which the Catholic Church has always had in view inpromulgating her canons has been the guidance and preservation of theclergy andlaity in the duties of a Christian life and in the best methods of ecclesiastical administration.[4]
Although, therefore, such canons contain elements of positive human law, yet ultimately they are founded on theDivine ornatural law. As such, they cannot be entirely abrogated by contrary custom, though their rigour may be mitigated by certain circumstances, on the ceasing of which, the pristine rigour of the canon would be again binding. When they are entirely of human law, they may, of course, be completely abrogated, not only by legislation on the part of the proper authorities, but also by legitimate custom.[4]
William H. W. Fanning, in the 1913Catholic Encyclopedia article states that:
The neglect of the prescriptions of the sacred canons has always been the source of corruption in morals, and perhaps the chief reason for the loss of faith by nations as well as by individuals.[4]
According to Fanning, the study of the sacred canons is especially enjoined on the clergy. Fanning speculates that perhaps most of the regulations refer directly to ecclesiastics, and suggests that clergy will find in them the surest guidance for their own conduct and for the fruitful exercise of their ministry in directing the faithful.[4]
InEastern Orthodox canon law, canons "areecclesiastical norms issued by the Church through the collective voice of the bishops gathered inecumenical or localsynods, speaking through the inspiration of theHoly Spirit and in agreement withChrist's teaching and thedogmas of the Church. In addition, theFathers of the Church issued canons or wrote letters that eventually came to be considered entirely or partially canonical. [....] A special place inCanon Law is given to the [eighty-five]Canons of the Holy Apostles, attributed to theApostles and collected in different works."[6]
In theEpiscopal Church (USA), canons in canon law are "the written rules that provide a code of laws for the governance of the church. The canons of the Episcopal Church are enacted by theGeneral Convention. Canons of the Episcopal Church may only be enacted, amended, or repealed by concurrent resolution of theHouse of Deputies and theHouse of Bishops at General Convention."[7]
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This article incorporates text from a publication now in thepublic domain: Fanning, William H. W. (1913). "Ecclesiastical Canons". In Herbermann, Charles (ed.).Catholic Encyclopedia. Vol. 3. New York: Robert Appleton Company.
The dictionary definition ofcanon at Wiktionary