6-Law-National-Canon Law

canon law

Church law {canon law}| {church law} uses Christian concepts and Roman judicial-procedure law. For disputes between Church and state, parties can use church or territorial law.

Apologists and law

Church writers {Apologists} wanted Church to be supreme in both spiritual and civil matters. St. Augustine wanted Church to be supreme only in spiritual judgments.

ecclesia

Early religious societies {ecclesia, religion}| developed laws {ecclesiastical law} that became canon law.

6-Law-National-Canon Law-Courts

Catholic court

Catholic Church altered trial forms {Catholic Church court}, by ending compurgation and ending trial by ordeal or battle. Church used written pleadings, witnesses, and written evidence. Canon law helped change from accusatorial systems, in which injured parties make complaints against other parties, to inquisitorial systems, in which prosecutors bring complaints to courts.

Chancery council

Catholic Church had, and still has, a council {Chancery}. A Cardinal Chancellor, second to Pope, heads the Cancellaria.

Rota court

Sacra Romana Rota {Rota} is the highest church court.

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Date Modified: 2022.0225