Law and Mercy

I was looking at Cresconius, Concordia canonum, from the mid-500s today, and I see that he prefigures in some ways Ivo, Bishop of Chartres (1090-1115). Both of these men are compilers of canon law collections, taking excerpts and canons and arranging them topically to make life easier for those who have to deal with those who transgress church law.

Cresconius writes:

when an extremely fair judge has examined for himself that each and every canonical ruling of a decree concerning which a question has been stirred up at some time has been set in order in many ways, he may learn by proveable examination whether he ought to guide his judgement through severity or through leniency. (My translation)

Thus, looking at the options available, a(n episcopal) judge can make use of his own discretion, his own discernment (an ancient Christian virtue) and decide which option to choose.

The principle seems similar to that of Ivo, who believes that the variations amongst the canons are not to be explained away or one to be chosen above another as universally correct. Rather, he argues that one should follow the paths of justice or mercy based upon the case.

In this we have been led to caution the prudent reader that if perhaps he should read some things that he may not fully understand, or judge them to be contradictory, he should not immediately take offense but instead should diligently consider what pertains to rigor, to moderation, to judgment, or to mercy. For he did not perceive these things to disagree among themselves who said, ‘Mercy and judgment I will sing to you, O Lord,’ (Ps 101:1) and elsewhere, ‘All the pathways of the Lord are mercy and truth.’ (Ps 25:10) (Trans. Somerville & Brasington)

Things to ponder, I guess.

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