THE ECUMENICAL COUNCILS Preface and Introduction

Edited from a variety of translations (mentioned in the preface) by H. R. Percival

THE ECUMENICAL COUNCILS Resources Online and in Print

Pages

Page 23

Excursus on the History of the Roman Law and Its Relation to the Canon Law.



The foregoing bibliographical outline would be entirely incomplete did I not give the reader at least a sketch of how those canons adopted by the various councils gradually won admission to the law-code of the Empire, and how that code itself came into being. For those wishing to study the matter in detail I would name as the most recent authorities upon the Roman Law, Mr. Muirhead, who has published with additions and notes his article on the subject in the "Encyclopædia Britannica," and Mr. Bury's new edition of Gibbon's Rome just being issued with most learned notes.

But neither of these writers has put the matter exactly as I desire for this purpose, and I have therefore been forced to seek elsewhere the information I now lay before the reader.

The study of Jurisprudence did not form a separate department among the ancient Greeks, but among the Romans it was quite otherwise, and a very elaborate system was developed, so elaborate as to demand the care of a special class of men, who devoted themselves to this business alone and handed down to their successors a constantly increasing mass of legal matter.

When Greece fell under the Roman yoke the laws of the victor were imposed upon the vanquished, but even then the Greeks did not take to legal studies. In fact not until the seat of the Empire was removed to Constantinople did the East become a centre of jurisprudence or the residence of the chief legal experts. In the whole period before the fourth century of our era we know of but one barrister who wrote in Greek, and he came from the West, Herennius Modestinus. He was a disciple of Ulpian and preceptor to the Emperor Maximian the Younger.

From the time of Hadrian to that of Alexander Severus the influence of the legal schools of Rome had been paramount. The Emperors consulted them and asked them to decide difficult points. But after the death of Alexander this custom fell into entire disuse, and the Emperors themselves decided the matters formerly entrusted to the lawyers. After this time the Imperial Constitutions became the chief sources of Roman law. It is only in the time of Constantine the Great that we find once again the lawyers rising into prominence and a flourishing school at Beyroot in Syria. It was at this time that the Imperial Constitutions or Edicts were first collected, for until then they existed only in detached documents. This collection was made by two lawyers, Gregory or Gregorian, and Hermogenes. Gregory's collection contains the laws set forth from the time of Hadrian to Constantine, and Hermogenes wrote a supplement. Although this was but a private enterprise, yet it was cited in the courts of law, just as Lord Lyndwood's Provinciale is with us to-day.

It is interesting to note that it was about this same time that the first attempt was made to collect the ecclesiastical canons, and so the Civil Law and the Canon Law (as we know them in after times) had their rise about the same period.

Previous Page / First / Next Page of the Ecumenical Councils - Introduction

Home of the Ecumenical Councils ||| More Church Fathers

Elpenor's Free Greek Lessons

Reference address : https://elpenor.org/ecumenical-councils/introduction.asp?pg=23