Clarence Gallagher - Church Law and Church Order in Rome and Byzantium

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Birmingham Byzantine and Ottoman Monographs

About the series

Birmingham Byzantine and Ottoman Monographs is a series of studies devoted to all aspects of the history, culture and archaeology of the Byzantine and Ottoman worlds of the East Mediterranean region from the fifth to the twentieth century. Its purpose is to provide a forum for the publication of work carried out by scholars connected with the Centre for Byzantine, Ottoman and Modern Greek Studies at the University of Birmingham, or who share the aims of its research activities.

About the volume

This book presents a comparative study of church order in the East and West of the Christian world. It deals with the development of canon law from the 6th century, the time of Dionysius Exiguus and John Scholastikos, up to the period of Balsamon and Gratian. While the focus is upon Rome and Constantinople, the author includes in his discussion the churches under Islamic rule, in Syria and Persia, and describes the beginnings of Slavonic canon law in Moravia. The issues of church government, the discipline of the clergy (married or celibate), and the question of divorce and re-marriage are key themes. By illustrating how these were faced in the canon law of the Christian churches of late antiquity and the earlier Middle Ages, the book highlights questions of unity and diversity within the Christian tradition.

About the author

Clarence Gallagher SJ was lecturer in canon law at Heythrop College, London, and the Gregorian University, Rome, and subsequently Dean of the Canon Law Faculty, and then Rector at the Pontifical Oriental Institute, Rome. He is at present Tutor in canon law at Campion Hall, Oxford University. His publications include Canon Law and the Christian Community: The Role of Law in the Church according to the Summa Aurea of Cardinal Hostiensis, and a series of articles on canon law and ecclesiology.

For Mary

Birmingham Byzantine and Ottoman Monographs

Volume 8

General Editors

Anthony Bryer
John Haldon

Church Law and Church Order in Rome and Byzantium

Church Law and Church Order in Rome and Byzantium

A Comparative Study

Clarence Gallagher SJ

First published 2002 by Ashgate Publishing and Variorum Publishing

Published 2018 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

52 Vanderbilt Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Clarence Gallagher S.J., 2002

Clarence Gallagher S.J. has asserted his moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

Gallagher, Clarence

Church Law and Church Order in Rome and Byzantium: A comparative study

1. Canon LawHistoryTo 1502. 2. Church historyMiddle Ages, 6001500.

I. Title.

262.90902

US Library of Congress Control Number 2001099936

Typeset by Jarosaw Dziewicki.

ISBN 13: 978-0-7546-0685-7 (hbk)

ISBN 13: 978-1-138-25033-8 (pbk)

Contents

AAS	Acta Apostolicae Sedis.
BH	Nomokanon of Bar Hebraeus. A. Mai (editor), Ecclesiae Antiochenae Syrorum Nomokanon a Gregorio Abulpharagio Bar Hebraeo compositus et a Iosepho Aloysio Assemano in Latinam linguam conversus, Scriptorum Veterum Nova Collectio (Rome 1838), vol. X, Part II, 3268.
BMCL	Bulletin of Medieval Canon Law.
CCEO	Codex Canonum Ecclesiarum Orientalium (Rome 1990).
CIC	Codex Iuris Canonici (Rome 1983).
CJ	Corpus Iuris Civilis, Volumen II: Codex Iustinianus, edited by Paul Krueger, 14th edition (Dublin/Zrich 1967).
CSC	Collection of Synodical Canons by Ebedjesus. A. Mai (editor), Ebediesu Metropolitae Sobae et Armeniae Collectio Synodicorum Canonum ex Chaldaicis Bibliotechae Vaticanae codicibus sumpta et in Latinam linguam translata ab Aloysio Assemano, in Scriptorum veterum nova collectio, vol. X (Rome 1838), Syriac text: 169360; Latin translation: 3168.
d.a.c.	dictum ante canonem; for Gratians comment preceding a canon.
d.p.c.	dictum post canonem; for Gratians comment following a canon.
DDC	R. Naz (editor), Dictionnaire de droit canonique (Paris 19351967).
DEC	Norman P. Tanner (editor), Decrees of the Ecumenical Councils (London and Washington 1990).
DHGE	Dictionnaire dhistoire et gographie ecclsiastique (Paris 1912.).
FD	False Decretals. J. Merlin (editor), Isidori Mercatoris Decretalium Collectio, in PL, vol. 130, 11178.
Gratian	Gratian, Concordia Discordantium Canonum.
JTS	Journal of Theological Studies.
Mansi	Giovanni Domenico Mansi (editor), Sacrorum Conciliorum nova et amplissima collectio, 60 vols (Florence 1759ff).
MGH	Monumenta Germaniae Historica (Hannover and Berlin 1826).
MMFH	Magnae Moraviae Fontes Historici (Prague Brno 1971).
Novellae	R. Schoell and G. Kroll (editors), Corpus Iuris Civilis, Volumen III: Novellae (Dublin Zrich 1972).
NCE	New Catholic Encyclopedia (New York 1967).
ODB	Oxford Dictionary of Byzantium (New York and Oxford 1991).
ODCC	E. A. Livingstone (editor), Oxford Dictionary of the Christian Church, 3rd edition (Oxford 1997).
OEJ	Order of Ecclesiastical Judgments by Ebedjesus. J.-M. Vost (editor), Ordo Iudiciorum Ecclesiasticorum dEbedjsus de Nisibe. Codificazione Canonica Orientale. Fonti. Serie II, Fascicolo. XV (Vatican 1940).
Percival	Percival, H. R. (editor), The Nicene and Post-Nicene Fathers. Second Series, Volume XIV. The Seven Ecumenical Councils of the Undivided Church. Their Canons and Dogmatic Decrees together with the Canons of all the Local Synods which have received Ecumenical Acceptance

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