Espen Zeger Bernhard Van
Espen, Zeger Bernhard van
Canonist ; born Louvain, Belgium , 1646 ; died Amersfoort, Netherlands, 1728 . While teaching canon law at the University of Louvain, he wrote his famous work “Jus canonicum universum.” He pronounced in favor of the ordination of the Jansenist Bishop of Utrecht, which with his Jansenist doctrines brought about his suspension by the Bishop of Mechlin; on his condemnation by the university he fled to the Jansenists in Holland. The Augustinian Desirant, professor at the university, is accused of having fabricated false documents in the controversy; this is known as the “Forgery of Louvain.” Desirant was condemned and banished. All of Van Espen’s works are on the Index.
Fuente: New Catholic Dictionary
Espen, Zeger Bernhard van
(also called ESPENIUS)
A Belgian canonist, born at Louvain, 9 July, 1646; died at Amersfoort, Netherlands, 2 Oct., 1728. He completed his higher studies at Louvain, became priest in 1673, and doctor of civil and canon law in 1675. He soon began to teach canon law at the University of Louvain where he was obliged to lecture only for six weeks during the summer vacation; the professor might explain one or other important chapter of the decretals, at his choice. He never accepted any other chair at the university, and he resigned even this position in order to devote himself entirely to study. He was consulted by all classes on account of his profound learning in canon law, and his famous work, “Jus canonicum universum”, although it raised numerous just criticisms, still remains remarkable. The author is accused, not without reason, of having borrowed considerably from the works of his predecessors, notably from Thomassin, yet it must be recognized that Van Espen possessed the art of setting forth in a lucid and intelligible way the discipline of the ancient Church; he also cast light upon questions which up to his time had been very obscure. His clear and concise style gives to his work a value which the labours of his predecessors do not possess. He collected the most recent legislative decisions of the Church and discussed them with judgment, except where party spirit blinded him. He had also the incontestable merit of showing with precision the special law of Belgium. Benedict XIV recognized his authority in this matter. On the other hand he was a strenuous defender of the Gallican theories. He misconstrued the right of religious authority and exaggerated beyond measure the right of the civil power. It may be added, however, that he exalted and combated in turn all power, even the civil power. He exalted the power of the bishops in order to lessen that of the religious orders, and the rights of an extinct chapter in order to combat the powers of the pope. He gained for himself unpleasant notoriety in the Jansenist conflicts, by denying the importance of the famous distinction between right and fact with regard to the doctrine of Jansen; he declared that it was of little consequence to admit that Jansen had taught the propositions condemned by the Bull “Unigenitus” (1713) provided the doctrine itself was rejected.
The Jansenist quarrels led to Van Espen’s ruin. On being consulted by the Jansenists of Holland with regard to the ordination of the Jansenist Bishop of Utrecht, Cornelius Steenoven, he pronounced in favour of this ordination, which had been performed without the authorization of the Holy See. An unsuccessful attempt has been made to justify Van Espen’s conduct in this matter, on the ground that he merely declared that episcopal ordination performed by a single bishop was valid. This was not the whole question, nor was it indeed the principal question, viz. to determine whether an episcopal ordination, performed without the pope’s consent, was admissible. His action in this matter and his Jansenist doctrines brought about his suspension a divinis by the Bishop of Mechlin. The latter summoned him to make a declaration of orthodox faith. At the order of the civil power, the University of Louvain condemned and deprived (1728) Van Espen of his university functions. In the meantime he fled, and took refuge first at Maastricht, and afterwards at Amersfoort, where he found protection in the Jansenist community, and where he died. The Augustinian Désirant, professor at the University of Louvain, is accused of having fabricated false documents in the controversy with Van Espen. This struggle is known as the “Forgery of Louvain”. Désirant was condemned by the academical authorities and banished forever from his native country. The best edition of the works of Van Espen, all of which are on the Index, is that published in four volumes at Louvain, 1753. A fifth volume, “Supplementum ad varias collectiones operum”, was published at Brussels in 1768, and contains numerous biographical details.
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DU PAC DE BELLEGARDE, Vi de Van Espen (Brussels, 1767); LAURENT, Van Espen (Paris, 1860); DE BAVAY, Van Espen, jurisconsulte et canoniste Belge in Belgique Judiciaire (Brussels, 1846), IV, 1463; VERHOEVEN, Van Espen in Revue Catholique (Louvain, 1846-47), IV, 497; DE RAM in BAKHUISEN, Acta Zegeri Bernardi Van Espen circa missionem Hollandicam (Mechlin, 1827).
A. VAN HOVE. Transcribed by Douglas J. Potter Dedicated to the Immaculate Heart of the Blessed Virgin Mary
The Catholic Encyclopedia, Volume VCopyright © 1908 by Robert Appleton CompanyOnline Edition Copyright © 2003 by K. KnightNihil Obstat. Remy Lafort, CensorImprimatur. +John M. Farley, Archbishop of New York
Fuente: Catholic Encyclopedia
Espen Zeger Bernhard Van
one of the most celebrated writers on the ecclesiastical law in the 18th century, was born at Louvain July 9,1646. He studied theology and philosophy at the university of his native city, and after having been ordained priest in 1673, lie was two years later made Doctor Juris (doctor of law), and appointed professor of canonical law at the Collegium Adrianum at the University. He lived very retired, devoting his whole time to study, but such became soon his reputation that he was consulted by a number of princes, bishops, tribunals and learned corporations. Many of his opinions, however, particularly on the Congregation of the Index. on dispensations, immunities, exemptions, the royal placet; and the appeal from the ecclesiastical to civil power, were note favorable to the pretensions of the popes, and in 1704 and 1734 all his works were put on the Index. His defense of the consecration of a Jansenist archbishop at Utrecht caused in 1728 his suspension from all priestly functions, as well as from his chair at the University. All demands made upon him by the archbishop of Malines to revoke his opinions he firmly refused. He fled to Amersfort, a common refuge of Jansenist exiles, where he died October 2, 1728, at the advanced age of 82 years. Van Espen is universally classed among the ablest writers on ecclesiastical law, and even pope Benedict did not withhold a recognition of his ability. The best edition of his works is the one published by Baren (Jus Ecclesiasticum Universum, 5 volumes, Louvain, 1753-65; also Cologne, 1777, 5 volumes; Mentz, 1791, 3 volumes). An abstract of this work was published by Oberhauser (Augsburg, 1782; Cilli. 1791). Wetzer u. Welte, Kirch.-Lex. 3:711; Hoefer, Nouv. Biog. Gener. 16:410; Herzog, Real-Encykl. 4:164; G. du Pac de Bellegarde, Vie de Van Espen (Louvain, 1767). (A.J.S.)