CANON Law, a collection of ecclesiastical laws, serving as the rule and measure of church-government.
The power of making laws was exercised by the church before the Roman empire became Christian. The canon law that obtained throughout the west, till the 12th century, was the collection of canons made by Dionysius Exiguus in 520, the capitularies of Charlemagne, and the decrees of the popes from Siricus to Anastasius.
The canon law, even when papal authority was at its height in England, was of no force when it was found to contradict the prerogative of the king, the laws, statutes, and customs of the realm, or the doctrine of the established church.
The ecclesiastical jurisdiction of the see of Rome in England was founded on the canon law; and this created quarrels between kings and several archbishops and prelates who adhered to the papal usurpation.
Besides the foreign canons, there were several laws and constitutions made here for the government of the church: but all these received their force from the royal assent; and if, at any time, the ecclesiastical courts did, by their sentence, endeavour to enforce obedience to such canons, the courts at common law, upon complaints made, would grant prohibition. The authority vested in the church of England of making canons, was ascertained by a statute of Henry VIII. commonly called the act of the clergy's submission; by which they acknowledged, that the convocation had always been assembled by the king's writ; so that, though
though the power of making canons resided in the clergy met in convocation, their force was derived from the authority of the king's assenting to and confirming them.
The old canons continued in full force till the reign of James I. when the clergy being assembled in convocation, the king gave them leave to treat and consult upon canons; which they did, and presented them to the king, who gave them the royal assent: these were a collection out of several preceding canons, and injunctions. Some of these canons are now obsolete. In the reign of Charles I. several canons were passed by the clergy in convocation.