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Henry of Segusio, usually called Hostiensis, (c. 1200 – 6 or 7 November 1271)was an Italian canonist of the thirteenth century, born at Susa (Segusio), in the ancient Diocese of Turin. He died at Lyon.
Italy, officially the Italian Republic, is a European country consisting of a peninsula delimited by the Italian Alps and surrounded by several islands. Located in the middle of the Mediterranean sea and traversed along its length by the Apennines, Italy has a largely temperate seasonal and Mediterranean climate. The country covers an area of 301,340 km2 (116,350 sq mi) and shares open land borders with France, Slovenia, Austria, Switzerland and the enclaved microstates of Vatican City and San Marino. Italy has a territorial exclave in Switzerland (Campione) and a maritime exclave in the Tunisian Sea (Lampedusa). With around 60 million inhabitants, Italy is the fourth-most populous member state of the European Union.
Susa is a town and comune in the Metropolitan City of Turin, Piedmont, Italy. In the middle of Susa Valley, it is situated on at the confluence of the Cenischia with the Dora Riparia, a tributary of the Po River, at the foot of the Cottian Alps, 51 km (32 mi) west of Turin.
Turin is a city and an important business and cultural centre in northern Italy. It is the capital city of Piedmont and of the Metropolitan City of Turin, and was the first Italian capital from 1861 to 1865. The city is located mainly on the western bank of the Po River, in front of Susa Valley, and is surrounded by the western Alpine arch and Superga Hill. The population of the city proper is 875,698 while the population of the urban area is estimated by Eurostat to be 1.7 million inhabitants. The Turin metropolitan area is estimated by the OECD to have a population of 2.2 million.
He undertook the study of Roman law and canon law at Bologna, where he seems to have taught Canon Law,and to have taken his degree utriusque juris . He taught canon law at Paris, and spent some time in England, whence King Henry III sent him on a mission to Innocent IV.
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman Emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.
Canon law is a set of ordinances and regulations made by ecclesiastical authority, 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, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. 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 a rule adopted by a church council; these canons formed the foundation of canon law.
The University of Bologna is a research university in Bologna, Italy. Founded in 1088 by an organised guild of students, it is the oldest university in the world, as well as one of the leading academic institutions in Italy and Europe. It is one of the most prestigious Italian universities, commonly ranking in the first places of national rankings.
Later he became Provost of the Cathedral Chapter of Antibes, and chaplain to the pope. He was promoted to the See of Sisteron in 1244, afterwards to the Archdiocese of Embrun in 1250. He became Cardinal Bishop of Ostia and Velletri on 22 May 1262,whence his name Hostiensis.
A provost is a senior official in a number of Christian churches.
Antibes is a Mediterranean resort in the Alpes-Maritimes department of southeastern France, on the Côte d'Azur between Cannes and Nice.
A chaplain is, traditionally, a cleric, or a lay representative of a religious tradition, attached to a secular institution such as a hospital, prison, military unit, school, labor union, business, police department, fire department, university, or private chapel.
His health forced him to leave the conclave of 1268-1271, though he remained at Viterbo. He was not present at the compromise election of Tedaldo Visconti on 1 September 1271, after the vacancy in the Holy See of two years and nine months. Nonetheless, the other cardinals immediately sought out Cardinal Enrico and obtained his consent to the election.In his room, he wrote his Last Will and Testament on 29 October 1271.
The Holy See, also called the See of Rome, refers to the jurisdiction of the Bishop of Rome, known as the pope, which includes the apostolic episcopal see of the Diocese of Rome with universal ecclesiastical jurisdiction of the worldwide Catholic Church, as well as 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 Catholics around the world. As a sovereign entity, the Holy See is headquartered in, operates from, and exercises "exclusive dominion" over the independent Vatican City State enclave in Rome, Italy, of which the pope is sovereign. It is organized into polities of the Latin Church and the 23 Eastern Catholic Churches, and their dioceses and religious institutes.
As a canonist Hostiensis had a great reputation. His works are:
A work on feudal law has also been attributed to him, but without foundation.
For Hostiensis the law as well as all political authority were derived from God.Because of this all princes “exercised authority by divine mandate.” Civil law was divine because the emperors who created that law were placed in authority by God. Despite this, however, civil law was inferior to canon law.
The reason for this is that the pope’s authority was even closer to the divine than that of secular princes. Because the pope was the vicar of God he acted on God’s authority, from which he (the pope) derived his own authority.Thus, whenever the pope acted de iure he acted as God. Therefore, canon law, since it was promulgated by the pope, was established by God. This is because canon law was based on the bible, and God had given his vicar, the pope, the authority to interpret that text. Thus canon law was divine not because it came directly from God, but because of the end it sought (the spiritual well-being of Christians) and because of the dignity of the Pope, from which the canon law emanated.
Hostiensis believed that while the pope should follow positive law he was not bound by it.Thus the pope could not be tried for any crime, except that of heresy, in which case “the pope could be subject to the 'ecclesia' (the Church)." For any other violation of law the pope could be judged by no one save God. Further, except in the event that a mortal sin would result, the pope was to be obeyed in everything he commanded, including violations of positive law, since the pope was above that law. The only exception to this was if the pope’s command violated the conscience of the one being commanded, in which case the one being commanded should not obey.
Similarly, Hostiensis believed that the pope could grant exemptions even from divine law ("mandates of the Apostles and rules of the Old Testament"),so long as that exemption did not lead to a mortal sin, violate the faith, subvert the faith, or endanger the salvation of souls. The pope had great authority indeed, he could even "change squares into circles.
According to Hostiensis the pope was imbued with the authority of the two swords (Lk 22:36-38), interpreted as spiritual and temporal power.The spiritual was superior to the temporal in the following three aspects: “in dignity, for the spirit is greater and more honourable than the body; in time, for it was earlier; and in power, for it not only institutes the temporal power but also has the authority to judge it, while the Pope cannot be judged by any man, except in cases of heresy.” The pope entrusted temporal authority to the emperors but retained the right to reclaim that authority “in virtue of the ‘plenitudo potestatis’ which he possesses as the vicar of Christ.” Indeed, the temporal power of the pope was so complete that Hostiensis considered it a mortal sin for a temporal ruler to disobey the pope in temporal matters.
This view of papal authority in temporal matters also applied to the kingdoms of non-Christians. For Hostiensis all sovereignty had been taken away from non-Christians and transferred to the faithful when Christ came into the world.“This translation of power was first made to the person of Christ who combined the functions of priesthood and kingship, and this sacerdotal and kingly power was then transferred to the popes.” Non-Christians were thus subject to Christians but could maintain sovereignty over their lands so long as they recognized the church as superior. If non-believers failed to recognize the lordship of the Church, however, sovereignty could be taken away from them by the pope and transferred to Christian rulers.
Hostiensis’ influence lasted well into the seventeenth century.His thought played an especially central role in Spanish theories of empire during the age of discovery. Both Juan Lopez de Palacios Rubios and Fray Matias de Paz, who were recruited by King Ferdinand of Spain in 1512 to help legitimate Spanish title over the New World, based their justifications of Spanish sovereignty over the New World on Hostiensis’ ideas on papal temporal sovereignty.
He is mentioned in the Paradise (12.82-85) of Dante's Divine Comedy.
Giovanni d'Andrea or Johannes Andreæ was an Italian expert in canon law, the most renowned and successful canonist of the later Middle Ages. His contemporaries referred to him as iuris canonici fons et tuba. Most important among his works were extensive commentaries on all of the official collections of papal decretals, papal judgments in the form of letters to delegated judges that were at the core of canon law.
Guillaume Durand, or William Durand, also known as Durandus, Duranti or Durantis, from the Italian form of Durandi filius, as he sometimes signed himself, was a French canonist and liturgical writer, and Bishop of Mende.
Unam sanctam is a papal bull issued by Pope Boniface VIII on 18 November 1302. The Bull laid down dogmatic propositions on the unity of the Catholic Church, the necessity of belonging to it for eternal salvation, the position of the Pope as supreme head of the Church, and the duty thence arising of submission to the Pope in order to belong to the Church and thus to attain salvation. The Pope further emphasizes the higher position of the spiritual in comparison with the secular order. Historian Brian Tierney calls it "probably the most famous of all the documents on church and state that has [come] down to us from the Middle Ages." The original document is lost, but a version of the text can be found in the registers of Boniface VIII in the Vatican Archives.
Conciliarism was a reform movement in the 14th-, 15th- and 16th-century Catholic Church which held that supreme authority in the Church resided with an Ecumenical council, apart from, or even against, the pope. The movement emerged in response to the Western Schism between rival popes in Rome and Avignon. The schism inspired the summoning of the Council of Pisa (1409), which failed to end the schism, and the Council of Constance (1414–1418), which succeeded and proclaimed its own superiority over the Pope. Conciliarism reached its apex with the Council of Basel (1431–1449), which ultimately fell apart. The eventual victor in the conflict was the institution of the Papacy, confirmed by the condemnation of conciliarism at the Fifth Lateran Council, 1512–17. The final gesture however, the doctrine of Papal Infallibility, was not promulgated until the First Vatican Council of 1870.
Huguccio was an Italian canon lawyer.
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases.
Privilege in the canon law of the Roman Catholic Church is the legal concept whereby someone is exempt from the ordinary operation of the law over time for some specific purpose.
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.
In the history of canon law, a decretist was student and interpreter of the Decretum Gratiani. Like Gratian, the decretists sought to provide "a harmony of discordant canons", and they worked towards this through glosses (glossae) and summaries (summae) on Gratian. They are contrasted with the decretalists, whose work primarily focused on papal decretals.
The Decretals of Gregory IX, also collectively called the Liber extra, are an important source of medieval Canon Law. In 1230, Pope Gregory IX ordered his chaplain and confessor, St. Raymond of Penyafort, a Dominican, to form a new canonical collection destined to replace all former collections. It has been said that the pope by this measure wished especially to emphasize his power over the Universal Church.
Bérenger Fredoli was a French canon lawyer and Cardinal-Bishop of Frascati.
Peter of Benevento was an Italian canon lawyer, papal legate and Cardinal.
Plenitudo potestatis was a term employed by medieval canonists to describe the jurisdictional power of the papacy. In the thirteenth century, the canonists used the term plenitudo potestatis to characterize the power of the pope within the church, or, more rarely, the pope's prerogative in the secular sphere. However, during the thirteenth century the pope's plenitudo potestatis expanded as the Church became increasingly centralized, and the pope's presence made itself felt every day in legislation, judicial appeals, and finance.
The Roman Catholic Diocese of Susa, in Piedmont (Italy), was established in 1772. It is a suffragan of the archdiocese of Turin. The diocese and the city of Susa lie on the main route that leads to Italy from the Mont Cenis Pass and the Col de Montgenèvre.
The Defensor minor is a work by Marsilius of Padua written around 1342. The Defensor minor is a restatement and defense of Marsilius's best known work, the Defensor pacis.
Rufinus was an Italian canon lawyer, described as the most influential canonist at the University of Bologna in the mid 12th century. He composed a Summa on Gratian's Decretum before 1159, which soon became the most influential commentary in Bologna, surpassing all previous ones in detail and length.
In the history of canon law, the decretalists of the thirteenth century formed a school of interpretation that emphasised the decretals, those letters issued by the Popes ruling on matters of church discipline, in preference to the Decretum Gratiani (1141), which their rivals, the decretists, favoured. The decretalists were early compilers of the papal decretals, and their work, such as that of Simon of Bisignano, was used by the dominant decretist school.
Honorius of Kent was a medieval English Archdeacon of Richmond and canon lawyer.
The sun and moon allegory is used to image a medieval political theory of theocracy which submits the secular power to the spiritual power, stating that the Pope is like the sun i.e. the only source of own light, while the Emperor is like the moon, which merely reflects lights and has no value without the sun. It was espoused by the Roman Catholic Church of Innocent III and instantiated to some extent in medieval political practice.
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".
|Catholic Church titles|
Hugh of St Cher
| Cardinal-bishop of Ostia |
Peter of Tarentaise
| Bishop of Embrun |
| Bishop of Sisteron |