Canon law

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Canon law (from Greek kanon, a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (Church leadership), for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. [1] The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally [2] a rule adopted by a church council; these canons formed the foundation of canon law.

Greek language language spoken in Greece, Cyprus and Southern Albania

Greek is an independent branch of the Indo-European family of languages, native to Greece, Cyprus and other parts of the Eastern Mediterranean and the Black Sea. It has the longest documented history of any living Indo-European language, spanning more than 3000 years of written records. Its writing system has been the Greek alphabet for the major part of its history; other systems, such as Linear B and the Cypriot syllabary, were used previously. The alphabet arose from the Phoenician script and was in turn the basis of the Latin, Cyrillic, Armenian, Coptic, Gothic, and many other writing systems.

Ruler An instrument used to measure distances or to rule straight lines

A ruler, sometimes called a rule or line gauge, is a device used in geometry and technical drawing, as well as the engineering and construction industries, to measure or draw straight lines.

Ecclesiastical jurisdiction in its primary sense does not signify jurisdiction over ecclesiastics, but jurisdiction exercised by church leaders over other leaders and over the laity.

Contents

Etymology

Greek kanon / Ancient Greek : κανών, [3] Arabic Qaanoon / قانون, Hebrew kaneh / קנה, "straight"; a rule, code, standard, or measure; the root meaning in all these languages is "reed" (cf. the Romance-language ancestors of the English word cane ).

Canons of the Apostles

The Apostolic Canons [4] or Ecclesiastical Canons of the Same Holy Apostles [5] is a collection of ancient ecclesiastical decrees (eighty-five in the Eastern, fifty in the Western Church) concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions which are part of the Ante-Nicene Fathers. In the Fourth century the First Council of Nicaea (325) calls canons the disciplinary measures of the Church: the term canon, κανὠν, means in Greek, a rule. There is a very early distinction between the rules enacted by the Church and the legislative measures taken by the State called leges, Latin for laws. [6]

Eastern Orthodox Church Christian Church

The Eastern Orthodox Church, officially the Orthodox Catholic Church, is the second-largest Christian church, with approximately 200–260 million members. As one of the oldest religious institutions in the world, the Eastern Orthodox Church has played a prominent role in the history and culture of Eastern and Southeastern Europe, the Caucasus, and the Near East. It operates as a communion of autocephalous churches, each governed by its bishops in local synods. The church has no central doctrinal or governmental authority analogous to the Pope of Rome, but the Ecumenical Patriarch of Constantinople is recognised by all as primus inter pares of the bishops.

Latin Church automonous particular church making up of most of the Western world Catholics

The Latin Church is a particular church of the Catholic Church. It is one of 24 sui iuris churches, the 23 other forming the Eastern Catholic Churches. It employs the Latin liturgical rites. It is headed by the Bishop of Rome - the pope, also called the Patriarch of the West - with headquarters in the Vatican City, enclaved within Rome. The Latin Church traces its history to the earliest days of Christianity, according to Catholic tradition, through its leadership under the Holy See.

The Apostolic Constitutions or Constitutions of the Holy Apostles is a Christian collection of eight treatises which belongs to the Church Orders, a genre of early Christian literature, that offered authoritative "apostolic" prescriptions on moral conduct, liturgy and Church organization. The work can be dated from 375 to 380 AD. The provenance is usually regarded as Syria, probably Antioch. The author is unknown, even if since James Ussher it was considered to be the same author of the letters of Pseudo-Ignatius, perhaps the 4th-century Eunomian bishop Julian of Cilicia.

Catholic Church

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Jurisprudence of
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Image of pages from the Decretum of Burchard of Worms, the 11th-century book of canon law. Extract from Burchard of Worms' Decretum.jpg
Image of pages from the Decretum of Burchard of Worms, the 11th-century book of canon law.

In the Catholic Church, canon law is the system of laws and legal principles made and enforced by the Church's hierarchical authorities to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. [7] However, despite the power of the church and its insistence on creating a specific format for the way its members would live their lives, it was often not followed. Powerful and wealthy individuals often simply did not abide by the rules and were allowed to approach family life and marriage how they saw fit. A prime instance of this was shown through annulments granted by the church. The church strongly disregarded and disallowed divorce. However, powerful men could often annul their marriages. This was noteworthy due to the fact that an annulment was very distorting to marriage law and contradicting to the disallowance of divorce. An annulment would not only cease a marriage but rather end the marriage and rule that the marriage was never valid, nor did it ever formally exist. Another potent example of Canon Law not being enforced is in regards to polygyny. Men having multiple wives was outright banned by the Catholic church. However, as seen previously in the example of wealthy and powerful individuals it was allowed. Men (even priests) who were powerful enough were allowed to have multiple wives, concubines, mistresses and could have sex prior to marriage. Despite the aforementioned blatant nonobservance to Canon Law, the codes set in place did shape and provide a code that the majority of the members of the catholic church directly abode and lived their lives according to. [2]

Catholic Church Christian church led by the Bishop of Rome

The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with approximately 1.3 billion baptised Catholics worldwide as of 2016. As the world's "oldest continuously functioning international institution", it has played a prominent role in the history and development of Western civilisation. The church is headed by the Bishop of Rome, known as the Pope. Its central administration, the Holy See, is in the Vatican City, an enclave within the city of Rome in Italy.

Hierarchy of the Catholic Church organization of the Catholic Church

The hierarchy of the Catholic Church consists of its bishops, priests, and deacons. In the ecclesiological sense of the term, "hierarchy" strictly means the "holy ordering" of the Church, the Body of Christ, so to respect the diversity of gifts and ministries necessary for genuine unity.

In the Latin Church, positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from the supreme legislator (i.e., the Supreme Pontiff), who possesses the totality of legislative, executive, and judicial power in his person, [8] while particular laws derive formal authority from a legislator inferior to the supreme legislator. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition. [9]

Natural law system of law that is purportedly determined by nature, and is thus universal; philosophy that certain rights are inherent by virtue of human nature endowed by "God" or another "Divine" source, and can be understood universally through human reason

Natural law is a philosophy asserting that certain rights are inherent by virtue of human nature, endowed by nature—traditionally by God or a transcendent source—and that these can be understood universally through human reason. As determined by nature, the law of nature is implied to be objective and universal; it exists independently of human understanding, and of the positive law of a given state, political order, legislature or society at large.

The Catholic Church also includes the main five rites (groups) of churches which are in full union with the Holy See and the Latin Church:

Holy See episcopal jurisdiction of the Catholic Church in Rome, Italy

The Holy See, also called the See of Rome, is the apostolic episcopal see of the bishop of Rome, known as the Pope, ex cathedra the universal ecclesiastical jurisdiction of the worldwide Catholic Church, and a sovereign entity of international law. Founded in the 1st century by Saints Peter and Paul, by virtue of Petrine and Papal primacy according to Catholic tradition, it is the focal point of full communion for Catholic bishops and Catholics around the world organised in polities of the Latin Church, the 23 Eastern Catholic Churches, and their dioceses and religious institutes.

  1. Alexandrian Rite Churches which include the Coptic Catholic Church and Ethiopian Catholic Church.
  2. West Syriac Rite which includes the Maronite Church, Syriac Catholic Church and the Syro-Malankara Catholic Church.
  3. Armenian Rite Church which includes the Armenian Catholic Church.
  4. Byzantine Rite Churches which include the Albanian Greek Catholic Church, Belarusian Greek Catholic Church, Bulgarian Church, Byzantine Catholic Church of Croatia and Serbia, Greek Church, Hungarian Greek Catholic Church, Italo-Albanian Church, Macedonian Greek Catholic Church, Melkite Church, Romanian Church United with Rome, Greek-Catholic, Russian Church, Ruthenian Church, Slovak Greek Catholic Church and Ukrainian Catholic Church.
  5. East Syriac Rite Churches which includes the Chaldean Church and Syro-Malabar Church.

All of these church groups are in full communion with the Supreme Pontiff and are subject to the Code of Canons of the Eastern Churches .

History, sources of law, and codifications

The Catholic Church has what is claimed to be the oldest continuously functioning internal legal system in Western Europe, [10] much later than Roman law but predating the evolution of modern European civil law traditions. What began with[ citation needed ] rules ("canons") adopted by the Apostles at the Council of Jerusalem in the first century has developed into a highly complex legal system encapsulating not just norms of the New Testament, but some elements of the Hebrew (Old Testament), Roman, Visigothic, Saxon, and Celtic legal traditions.

The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. [11] In relation to the Code, history can be divided into the jus vetus (all law before the Code) and the jus novum (the law of the Code, or jus codicis). [11]

The canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the Code of Canons of the Eastern Churches promulgated in 1990 by Pope John Paul II. [12]

Roman canon law is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code [13] principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. One example where it did not previously apply was in the English legal system, as well as systems, such as the U.S., that derived from it. Here criminals could apply for the Benefit of clergy. Being in holy orders, or fraudulently claiming to be, meant that criminals could opt to be tried by ecclesiastical rather than secular courts. The ecclesiastical courts were generally more lenient. Under the Tudors, the scope of clerical benefit was steadily reduced by Henry VII, Henry VIII, and Elizabeth I. The Vatican disputed secular authority over priests' criminal offences, and this in turn contributed to the English Reformation. The benefit of clergy was systematically removed from English legal systems over the next 200 years, although it still occurred in South Carolina in 1827.

The structure that the fully developed Roman Law provides is a contribution to the Canon Law. [14] The academic degrees in canon law are the J.C.B. (Juris Canonici Baccalaureatus, Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. (Juris Canonici Licentiatus, Licentiate of Canon Law) and the J.C.D. (Juris Canonici Doctor, Doctor of Canon Law). Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for the study of canon law.

Much of the legislative style was adapted from the Roman Law Code of Justinian. As a result, Roman ecclesiastical courts tend to follow the Roman Law style of continental Europe with some variation, featuring collegiate panels of judges and an investigative form of proceeding, called "inquisitorial", from the Latin "inquirere", to enquire. This is in contrast to the adversarial form of proceeding found in the common law system of English and U.S. law, which features such things as juries and single judges.

The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern civil law and common law bear the influences of canon law. Edson Luiz Sampel, a Brazilian expert in canon law, says that canon law is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries. Sampel explains that canon law has significant influence in contemporary society. [15]

Canonical jurisprudential theory generally follows the principles of Aristotelian-Thomistic legal philosophy. [10] While the term "law" is never explicitly defined in the Code, [16] the Catechism of the Catholic Church cites Aquinas in defining law as "...an ordinance of reason for the common good, promulgated by the one who is in charge of the community" [17] and reformulates it as "...a rule of conduct enacted by competent authority for the sake of the common good." [18]

The Code for the Eastern Churches

The law of the Eastern-rite Churches in full communion with the Roman papacy was in much the same state as that of the Latin or Western Church before 1917; much more diversity in legislation existed in the various Eastern Catholic Churches. Each had its own special law, in which custom still played an important part. One major difference in Eastern Europe however, specifically in the Orthodox Christian churches was in regards to divorce. Divorce started to slowly be allowed in specific instances such as adultery being committed, abuse, abandonment, impotence and barrenness being the primary justifications for divorce. Eventually, the church began to allow remarriage to occur (for both spouses) post-divorce. [2] In 1929 Pius XI informed the Eastern Churches of his intention to work out a Code for the whole of the Eastern Church. The publication of these Codes for the Eastern Churches regarding the law of persons was made between 1949 through 1958 [19] but finalized nearly 30 years later. [6]

The first Code of Canon Law (1917) was almost exclusively for the Latin Church, with extremely limited application to the Eastern Churches. [20] After the Second Vatican Council, (1962 - 1965), another edition was published specifically for the Roman Rite in 1983. Most recently, 1990, the Vatican produced the Code of Canons of the Eastern Churches which became the 1st code of Eastern Catholic Canon Law. [21]

Orthodox Church

The Eastern Orthodox Church, principally through the work of 18th-century Athonite monastic scholar Nicodemus the Hagiorite, has compiled canons and commentaries upon them in a work known as the Pēdálion (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. [22]

Anglican Communion

In the Church of England, the ecclesiastical courts that formerly decided many matters such as disputes relating to marriage, divorce, wills, and defamation, still have jurisdiction of certain church-related matters (e.g. discipline of clergy, alteration of church property, and issues related to churchyards). Their separate status dates back to the 12th century when the Normans split them off from the mixed secular/religious county and local courts used by the Saxons. In contrast to the other courts of England the law used in ecclesiastical matters is at least partially a civil law system, not common law, although heavily governed by parliamentary statutes. Since the Reformation, ecclesiastical courts in England have been royal courts. The teaching of canon law at the Universities of Oxford and Cambridge was abrogated by Henry VIII; thereafter practitioners in the ecclesiastical courts were trained in civil law, receiving a Doctor of Civil Law (D.C.L.) degree from Oxford, or a Doctor of Laws (LL.D.) degree from Cambridge. Such lawyers (called "doctors" and "civilians") were centered at "Doctors Commons", a few streets south of St Paul's Cathedral in London, where they monopolized probate, matrimonial, and admiralty cases until their jurisdiction was removed to the common law courts in the mid-19th century.

Other churches in the Anglican Communion around the world (e.g., the Episcopal Church in the United States, and the Anglican Church of Canada) still function under their own private systems of canon law.

Currently, (2004), there are principles of canon law common to the churches within the Anglican Communion; their existence can be factually established; each province or church contributes through its own legal system to the principles of canon law common within the Communion; these principles have a strong persuasive authority and are fundamental to the self-understanding of each of the churches of the Communion; these principles have a living force, and contain in themselves the possibility of further development; and the existence of these principles both demonstrates unity and promotes unity within the Anglican Communion. [23]

Presbyterian and Reformed churches

In Presbyterian and Reformed churches, canon law is known as "practice and procedure" or "church order", and includes the church's laws respecting its government, discipline, legal practice and worship.

Roman canon law had been criticized by the Presbyterians as early as 1572 in the Admonition to Parliament. The protest centered on the standard defense that canon law could be retained so long as it did not contradict the civil law. According to Polly Ha, the Reformed Church Government refuted this claiming that the bishops had been enforcing canon law for 1500 years. [24]

Lutheranism

The Book of Concord is the historic doctrinal statement of the Lutheran Church, consisting of ten credal documents recognized as authoritative in Lutheranism since the 16th century. [25] However, the Book of Concord is a confessional document (stating orthodox belief) rather than a book of ecclesiastical rules or discipline, like canon law. Each Lutheran national church establishes its own system of church order and discipline, though these are referred to as "canons."

United Methodist Church

The Book of Discipline contains the laws, rules, policies and guidelines for The United Methodist Church. Its last edition was published in 2016.

See also

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The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-rite Catholic Churches, and in some historical cases Uniate Churches, are twenty-three Eastern Christian particular churches sui iuris in full communion with the Pope in Rome, as part of the worldwide Catholic Church. Headed by patriarchs, metropolitans, and major archbishops, the Eastern Catholic Churches are governed in accordance with the Code of Canons of the Eastern Churches, although each church also has its own canons and laws on top of this, and the preservation of their own traditions is explicitly encouraged. The total membership of the various churches accounts for about 18 million, according to the Annuario Pontificio, thus making up about 1.5 percent of the Catholic Church, with the rest of its more than 1.2 billion members belonging to the Latin Church, also known as the Western Church or the Roman Catholic Church.

Defrocking, unfrocking, or laicization of clergy is the removal of their rights to exercise the functions of the ordained ministry. It may be grounded on criminal convictions, disciplinary problems, or disagreements over doctrine or dogma, but may also be done at their request for personal reasons, such as running for civil office, taking over a family business, declining health or old age, desire to marry against the rules for clergy in a particular church, or an unresolved dispute. The form of the procedure varies according to the Christian denomination concerned. The term "defrocking" implies forced laicization for misconduct, while "laicization" is a neutral term, applicable also when clergy have requested to be released from their ordination vows.

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The canon law of the Catholic Church is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Oriental canon law govern the 23 Eastern Catholic particular churches sui iuris.

Catholic Church and ecumenism

The Catholic Church has engaged in the modern ecumenical movement prominently since the Second Vatican Council (1962-1965) and the issuing of the decree Unitatis redintegratio and the declaration Dignitatis humanae. It was at the Council that the Pontifical Council for Promoting Christian Unity was created. Before that time, those outside of the Catholic Church were categorised as heretics or schismatics.

Enclosed religious orders

Enclosed religious orders of the Christian churches have solemn vows with a strict separation from the affairs of the external world. The term cloistered is synonymous with enclosed. In the Catholic Church enclosure is regulated by the code of canon law, either the Latin code or the Oriental code, and also by subsidiary legislation. Enforced in the past with a largely uniform severity, at least in the case of women, it is now practised with a wider variety of custom according to the nature and charism of the community in question.

The Eastern canonical reforms of Pope Pius XII were the several reforms of Oriental canon law and the Codex Iuris Canonici Orientalis, applying mainly to the Oriental Churches united with the Latin Church in communion with the Roman Pontiff. The Holy See's policy in this area had always two objectives, the pastoral care of approximately ten million Christians united with Rome and the creation of positive ecumenical signals to the two-hundred and fifty million Orthodox Christians outside the Church of Rome.

Canon 915, one of the canons in the current Code of Canon Law of the Latin Church of the Catholic Church, forbids the administration of Holy Communion to those upon whom the penalty of excommunication or interdict has been imposed or declared or who obstinately persist in manifest grave sin:

Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion.

Glossary of the Catholic Church

This is a glossary of terms used within the Catholic Church.

Ecclesiastical differences between the Catholic Church and the Eastern Orthodox Church

Catholic–Orthodox ecclesiastical differences are differences between the organizational structure and governance of the Eastern Orthodox Church and that of the Catholic Church. These are distinguished from theological differences which are differences in dogma and doctrine. A number of disagreements over matters of Ecclesiology developed slowly between the Western and Eastern wings of the State church of the Roman Empire centred upon the cities of Rome and New Rome/Constantinople (c.330-1453) respectively. The disputes were a major factor in the formal East-West Schism between Pope Leo IX and Patriarch Michael I in 1054 and are largely still unresolved between the churches today.

Catholic particular churches and liturgical rites

A particular church is an ecclesiastical community of faithful headed by a bishop, as defined by Catholic canon law and ecclesiology. A liturgical rite depends on the bishop.

Outline of the Catholic Church

The following outline is provided as an overview of and topical guide to the Catholic Church:

The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.

Canon 844 is a Catholic Church canon law contained within the 1983 Code of Canon Law, which defines the licit administration and reception of certain sacraments of the Catholic Church in normative and in particular exceptional circumstances.

The philosophy, theology, and fundamental theory of canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".

References

  1. Boudinhon, Auguste. "Canon Law." The Catholic Encyclopedia. Vol. 9. New York: Robert Appleton Company, 1910. 9 August 2013
  2. 1 2 3 Wiesner-Hanks, Merry (2011). Gender in History: Global Perspectives. Wiley Blackwell. p. 37.
  3. Wikisource-logo.svg Chisholm, Hugh, ed. (1911). "Canon"  . Encyclopædia Britannica (11th ed.). Cambridge University Press.
  4. Shahan, Thomas (1908). "Apostolic Canons". The Catholic Encyclopedia. 3. New York: Robert Appleton Company. Retrieved 9 August 2013.
  5. "The Ecclesiastical Canons of the Same Holy Apostles". Ante-Nicene Fathers, Vol VII. Retrieved 2008-05-26.
  6. 1 2 Metz, René (1960). "What Is Canon Law?". The Twentieth Century Encyclopedia of Catholicism, Section VIII: The Organization of the Church. 80. New York: Hawthorn Books Inc.
  7. Ramstein, Fr. Matthew (1948). Manual of Canon Law. Terminal Printing & Pub. Co., p. 3
  8. Canon 331, 1983 Code of Canon Law
  9. Vatican Archive. "Code of Canon Law". Vatican.va. Archived from the original on 20 February 2008. Retrieved 4 January 2014.
  10. 1 2 Peters, Dr. Edward, , JD, JCD, Ref. Sig. Ap. "Home Page". CannonLaw.info.
  11. 1 2 Ramstein, pg. 13, #8
  12. Blessed John Paul II, Ap. Const. (1990). "Apostolic Constitution Sacri Canones John Paul II 1990".
  13. Ramstein, pg. 49
  14. Rodes, Robert E. (1964). "The Canon Law as a Legal System-Function, Obligation, and Sanction": 47. Retrieved 18 January 2018.
  15. "canon law." Encyclopædia Britannica. Encyclopædia Britannica Online Academic Edition. Encyclopædia Britannica Inc., 2013. Web. 9 August 2013.
  16. Gray, Msgr. Jason. "Home Page". JGray.org. Retrieved 8 June 2013.
  17. In Brief §1976. Catechism of the Catholic Church. USCCB Publishing. ISBN   9781574557251. Summa Theologica I-II, 90, 4
  18. Catechism of the Catholic Church, The Moral Law§1951
  19. "In 1959, John XXIII, announced for the first time his decision to reform the existing corpus of canonical legislation"http://www.vatican.va/archive/ENG1104/__P1.HTM
  20. Canon 1, 1917 Code of Canon Law.
  21. Ford, Don (June 2007). "Canon Law Research Guide". GlobaLex . Retrieved 2018-04-24.
  22. Patsavos, Dr. Lewis J., Ph.D. (2013). "The Canonical Tradition of the Orthodox Church". Greek Orthodox Archdiocese of America. Retrieved 2013-08-09.
  23. "The Windsor Report - Section C - Canon Law and Covenant". Anglican Communion Office. 2013. Retrieved 2013-08-09.
  24. Ha, Polly (2010). English Presbyterianism, 1590-1640. Stanford University Press. ISBN   9780804759878 . Retrieved 2013-08-09.
  25. Bente, Friedrich., ed. and trans., Concordia Triglotta, (St. Louis: Concordia Publishing House, 1921), p. i

Further reading

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