Schmalzgrueber, Franz

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Jesuit canonist; b. Griesbach, Oct. 9, 1663; d. Dillingen, Nov. 7, 1735; entered the Society of Jesus in 1679. Having obtained the doctorate in theology and Canon Law at Ingolstadt, he taught humanities, philosophy, and dogmatic theology at various universities. From 1703 to 1716, except for a two-year period when he was professor of moral theology, he taught Canon Law at Dillingen and Ingolstadt. Twice chancellor of the University of Dillingen, he spent two years in Rome as censor of books for the Jesuits and two years as prefect of studies at Munich. He was noted for his sound judgment and clearness in handling matters of ecclesiastical jurisprudence. On the occasion of the annual disputations from 1712 to 1718, he published a series of legal tracts, uniting these, in 1719, into his most famous work, the Jus ecclesiasticum universum. The work, utilizing the lecture notes taken in his class by his students, was summarized and published at Augsburg in 1747 as the Succincta sacrorum canonum doctrina, seu compendium iuris ecclesiastici. Very complete for its time, this work was held in high esteem by the Roman Curia and is still of great value. His other canonical writings include the Judicium ecclesiasticum, Clerus saecularis et regularis, Sponsalia et Matrimonia, Crimen fori ecclesiastici, and Consilia seu responsa iuris. All of these appeared at Augsburg between 1712 and 1722, ample proof of his position as one of the classic authors of the canonical renaissance of his day.

Bibliography: a. delchard, Dictionnaire de théologie catholique, ed. a. vacant, 15 v. (Paris 190350; Tables générales 1951) 14.1:150910. c. sommervogel, Bibliotèque de la Compagnie de Jésus, 11 v. (Brussels-Paris 18901932) 7:795798.

[d. w. bonner]