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servance, for instance, for the f onn of marriage. Gen-
eral lawSi therefore, bind all Catholics wherever they
may be. In the case of particular laws, as one is sul>-,
ject to them in virtue of one's domicile, or even quasi-
domicile, passing strangers are not subject to them,
except in the case of acts performed within the terri-
tory.
The r61e of the legislator does not end with the pro- mulgation of the law; it is his office to explain and interpret it ^declaratiOf interpretatio legis). The in- terpretation IS "official" (cnUfientica) or even "neces- sary", when it is given by the legislator or by some one authorized by him for that purpose; it is "cus- tomary", when it springs from usage or habit; it is "doctrinal", when it is based on the authoritvof the learned writers or the decisions of the tribunals. The official interpretation alone has the force of Law. Ac- cording to the result, the interpretation is said to be "comprehensive, extensive, restrictive, correct! ve^" expressions easily understood. The legislator, and m the case of particular laws the superior, remains mas- ter of the law; he can suppress it either totally (abro- gation), or partiallv (derogation), or he can combine it with a new law which suppresses in the first law all that is incompatible witn the second (abrogation). Laws co-exist as far as they are reconcilable; the more recent modifies the more ancient, but a particidar law is not suppressed by a general law, unless the fact is stated expressly. A law can also cease when its pur- pose and end cease, or even when it is too difficult to be observed by the generality of the subjects; it then falls into desuetude (see CusrroM).
In every society, but especially in a societv so vast and varied as the Church, it is impossible for every law to be applicable always and in all cases. Without suppressing the law, the legislator can permanently exempt from it certain persons or certam groups, or certam matters, or even extend the rights of certain subjects; all these concessions are known as privileges (q. v.). In the same manner the legislator can dero- gate from the law in special cases; this is called a dis- pensation (q. v.). Indults or the powers that the bishops of the Catholic world receive from the Holy See, to regulate the various cases that may arise in the administration of their dioceses, belong to the cate- gory of privileges; together with the dispensations granted airectfy by the Holy See, they eliminate any excessive rigidity of the law, and ensure to ecclesias- tical legislation a marvellous facility of application. Without imperilling the rights and prerogatives of the legislator, but on the contrary strengthening them, in- dmts impress more strongly on the law of the Church that humane, broad, mercifid character, mindful of the welfare of souls, but also of human weakness, which likens it to the moral law and distingiiishes it from civil legislation, which is much more external and inflexible.
VII. The Principal Canonists. — It is impossible to draw up a detailed and systematic catalogue of all the works of special value in the study of canon law; the most distinguished canonists are the subject of special articles in this Enctclopedia. Those we have mentioned as commentators of the ancient canon- ical collections are now of interest only from an his- torical point of view; but the authors who have writ- ten since the Council of Trent are still read with profit; it is in {heir great works that we find our prac- tioU canon law. Among the authors who have written on special chapters of the "Corpus Juris", we must mention (the date refers to the first edition of the works): Prospero Fagnani, the distinguished secre- tary of the Sacred Congregation of the Council, "Jus canonicum seu oommentana absolutissima in quinque librosDecretalium" (Rome, 1661); Manuel Gonzalez T^ei (d. 1649), "Commentaria perpetua in singulos testus juris canonici" (Lyons, 1673); the Jesuit Paul l4iymann, better known as a moral theologian, "Jus
canonicum seu commentaria in lihros Dccretalium**
(Dillingen, 1666) ; Ubaldo Giraldi, Clerk lU^ular of the
Pious Schools, "Expositio juris pontificu juxta re-
centiorem EcclesisB disciplinam" (Rome, 1769).
Among the canonists who have followed the order of the titles of the Decretals: the Benedictine Louis Engel, professor at Salzburg, " Universum jus canon- icum secundum titulos libr. Decretalium " (Salzburg, 1671) \ the Jesuit Ehrenreich Pirhing, " Universum jus canomcum" etc. (Dillingen, 1645); the Franciscan Anaclet Reiffenstuel, "Jus canonicum universum" (Freising, 1700) ; the Jesuit James Wiestner, " Institu- tiones canonic®" (Munich, 1705); the two brothers Francis and Benedict Schmier, both Benedictines and professors at Salzburg; Francis wrote " Jurisprudentia canonico-civilis" (Salzburg, 1716); Benedict: "Liber I Decretalium; Lib. II etc." (Salzburg, 1718); the Jesuit Francis Schmalzgrueber, "Jus ecclesiasticum universum" (Dillingen, 1717); Peter Leuren, also a Jesuit, "Forum ecclesiasticum" etc. (Mainz, 1717); Vitus Pichler, a Jesuit, the successor of Schmalz- grueber, "Summa jurisprudentiae sacrae" (Augsburg, 1723); Eusebius Amort, a Canon Regular, "Elementa juris canonici veteris et modemi" (Ulm, 1757); Amort wrote also amon^ other works of a very personal char- acter, "De origme, progressu . . . indulgent iariim " (Augsbm^, 1735); Carlo Sebastiano Berardi, "Com- mentaria m jus canonicum universum " (Turin, 1766) ; also his "Institutiones" and his great work "Gratiani canonesgenuiniabapocryphisdiscreti", (Turin, 1752); James Anthony Zallinger, a Jesuit, "Institutiones juris ecclesiastici maxime privati" (Augsburg, 1791), not so well known as his "Institutionum juris natur- alis et ecclesiastici publici libri guinque" (Augsburg, 1784). This same method was followed again in the nineteenth century by Canon Filippo de Angelis, " Prselectiones juris canonici", (Rome, 1877); by his colleague Francesco Santi, " PrsBlectiones", (Ratisbon, 1884 • revised by Martin Leitner, 1903) ; and E. Grand- clauae, "Jus canonicum" (Paris, 1882).
The plan of the "Institutiones", in imitation of Lancelotti (Perugia, 1563), has been followed by very many canonists, among whom the principal are: the learned Antonio Agustin, Archbishop of Tarragona, " Epitome juris pontificii veteris" (Tarragona, 1587); his "De emendatione Gratiani dialogorum libri duo" (Tarragona, 1587), is worthy of mention; Claude Fleury, "Institution au droit eccl^siastique" (Paris, 1676); Zeger Bernard van Espen, "Jus ecclesiasticum universum" (Colore, 1748); the Benedictine Dom- inic Schram, "Institutiones juris ecclesiastici" (Au^ burff, 1774); Vincenzo Lupoli, "Juris ecclesiastici praJectiones" (Naples, 1777); Giovanni Devoti, tit- ular Archbishop of Carthage, " Institutionum canon- icarum libri quatuor" (Rome, 1785); his "Commen- tary on the Decretals" has only the first three books (Rome, 1803); Cardinal So^lia, "Institutiones juris privati et publici ecclesiastici" (Paris, 1859) and " In- stitutiones juris publici", (Loreto, 1843); D. Craisson, Vicar-General of Valence, "Manuale compendium totius juris canonici" (Poitiers, 1861). School man- uals in one or two volumes are very numerous and it is impossible to mention all. We may cite in Italy those of G. C. Ferrari (1847); Vecchiotti (Turin, 1867); De Camillis, (Rome, 1869) ; Sebastiano Sanguinetti, S. J. (Rome, 1884); Carlo Lombardi (Rome, 1898); Gug- Uelmo SebastianelU (Rome, 1898), etc. For German- speaking countries, Ferdinand Walter (Bonn, 1822); F. M. Permaneder, 1846; Rosshirt, 1858; George Phillips (Ratisbon, 1859: in addition to his large work in eignt volumes, 1845 sq.); J. Winckler, 1862 (spe- cially for Switzerland) ; S. Aichner (Brixen, 1862) spe- cially for Austria; J. F. Schulte (Greissen, 1863) ; F. H. Vering (Freiburg-im-B.^ 1874); Isidore Silbemagl (Ratisbon, 1879); H. Laemmer (Freiburg-im-B., 1886); Phil. Hergenroether (Freiburg-im-B., 1888); J. Hollweck (Freibuig-im-B., 1905); J. Laurentiui?
