the sources are the norms, generally written norms, but also customs and jurisprudence. Current source is code of 1983, but also Motu Propriu, Norms, diocesan sources, etc. In the east CCEO would be first source.
i. Material sources Who was able to give the laws: councils chapters, and pastors. In the past, canons could also be issued by the state, emperors, called "religious law", "nomo canonique" or "ecclesiastical law".
a. Canon is a word for conciliar laws. Now we say constitution or decree from councils. First canons 4th century after Pax Constantinum 313 (e.g. council of arles 314, nicea 325).
b. Papal Decretals, bulls, prescripts, etc. Legal work of popes began at the end of the 4th century, whereas the conciliar legislation began at the beginning of the 4th century. Earlier, emperors had written decretals, but they became powerless after the barbarian invasions, so the popes took secular powers. It is important know authorship. Titles helps in this, local, universal, papal, conciliar, bishops.
c. False decretal - The historical studies that uncovered the falsity, but by that time, they were already accepted. E.g. Constantine was supposed to have given Italy to the pope for papal state, but later historians discovered this was impossible. They were instead created by Pepin the short. In the middle ages, it was difficult to introduce anything new, so to introduce something new, you just attributed it to someone old - pseudonymous authors. They were accepted by the church, apocryphal, especially 9th century (850), new laws were needed, but the pope didn't have power to impose, so people wrote false text and planted them in antiquity. Example In gratian's decree, there were different realities of slaves and serfs, though it was the same word in latin. In Roman law - where slaves had no legal personality. But in the middle ages the serfs had juridic personality, but not all rights, e.g. bound to territory. A main issue was the right to marry. Gratian wanted to say serfs could get married. 1. no law allowing slaves to get married in roman law or in the canonical collections. 2. Gratian invented causa 29 questa 2 capitula 1. He attributes a more recent text to pope Julius in the early 4th century (but popes at that time weren't writing decretals then, church also had no marriage law, pope had no power). Probably actually from Burchard of Worm. Gratian wrote above this text Licet servis matrimonia contribere. False text (which merely said if you marry a slave you have to stay married), falsely attributed, and falsely summarized. It was in fact a new legislation. Gratian was a liberal. Gratian was actually from two authors. Gratian 1 wrote this one. Gratian 2 said that serfs could marry, but only with the permission of the master. This was then accepted. Read the text as a point of debate, lots of new legislation indicates social turmoil.
d. Patristic texts. Not legislators primarily, but sometimes bishops, and attended councils. Gregory the Great 450, fought Atila. Augustine died 430. Ambrose and Jerome late 300s. Gregory the Great died 604. How to oppose the laws of the church. Use bible to argue against, e.g. slavery. You couldn't directly use the bible in these arguments. The first canonical collection directly quoting the bible was an Irish collection: Hibernensis early 700s. Far from Rome, didn't like pope, organized by monasteries, rather than dioceses, so more democratic. It often cites 'a roman synod' rather than attributing to the pope. In the middle ages, the Fathers of the Church were primary exegetes, canonists didn't quote bible directly, but fathers were considered a 'safe' way to quote the bible, first used by Irish, especially old testament. 40% of gratian is patristic.
e. Civil Law for the Church when the state became officially christian 385 (non-christians persecuted). Western empire disappeared in 476, Eastern Empire lasted to 1453. Mainly in the East, the Emperor organized the church, gathered councils, organized marriage. Civil power strong in East, weak in West. Roman law: justinian law, 6th century, after the fall of the western empire, written in constantinople. Empire divided west and east by the end of the 4th Century. One pope in rome in the west, one emperor, in competition through the middle ages. In the east, the emperor is in constantinople, but you have several patriarchs: alex, ant, jer, constan, even outside the empire. So the most powerful in the east is the emperor. In the west, one pope, many kings. So eastern church is more decentralized and democratic. Also civil law is more important for the east. Imperial Capitularia.
Summary: Material sources or creative sources of canon law were mainly conciliar canons, pontifical decretals, imperial laws, patristic texts, false texts and other texts (penitentials, etc). Conciliar canons from around 300, the pontifical decretals begin around 400 (the context was the decline of the roman empire - western emperor weakened, and the pope took the place of the emperor beginning with Sirice. (Pope encouraged Spanish to follow Roman practice of celibacy) , canonical collections begin around 500.
