General History of Civilisation in Europe, From the Fall of the Roman Empire Till the French Revolution. A Treatise on Death Punishments.Guizot, François
History
General History of Civilisation in Europe, From the Fall of the Roman Empire Till the French Revolution. A Treatise on Death Punishments.
Guizot, François
Europe -- Civilization
The Christian clergy had, besides, another means of influence of
a different character. The bishops and clerks became the chief
municipal magistrates. We have seen that the municipal system
was, properly speaking, all that remained of the Roman Empire.
From the annoyances of despotism, and the ruin of the towns, it
came to pass that the _curiales_, or members of the
municipal bodies, fell into despair and apathy. The bishops and
the body of priests, on the contrary, being full of life and
zeal, naturally offered themselves to guard and direct affairs.
It would be wrong to reproach them with officiousness, or to tax
them with usurpation; they merely obeyed the natural impulse of
events. The clergy alone were morally strong and animated, and it
became powerful; the result is a law of the universe.
{50}
All the legislation of the emperors at that epoch bears marks of
this revolution. In the codes both of Theodosius and Justinian we
find a great number of regulations which remit municipal affairs
to the clergy and the bishops. I will quote some of them.
'Cod. Just. 1. i. tit. iv. _de episcopali audientia_, §
26.--With regard to the annual affairs of the cities (whether
they refer to the ordinary city revenues, resulting either from
funds arising from the city property, or from individual gifts
or legacies, or from any other source, whether deliberation is
required touching the public works, or magazines of provisions,
or aqueducts, or the maintenance of baths or of harbours, or
the construction of walls or towers, or the repairing of
bridges and roads, or lawsuits in which the city may be
engaged, on account of public or private interests), we ordain
as follows:--The very pious bishop, and three men of good fame
amongst the chief men of the city, shall assemble together;
they shall examine every year the works that have been
performed, and they shall take care that those who conduct
them, or have conducted them, do measure them with precision,
give in accounts of them, and make it clear that they have
fulfilled their engagements in the administration, whether it
be of the public monuments, or of the sums appropriated to
provisions and baths, or of what is expended for the repair of
roads, aqueducts, or any other work.
'_Ibid_. § 30.--With regard to the guardianship of young
people, of the first or second age, and of all those to whom
the law assigns curators, if their fortune does not exceed 500
_aurei_, we ordain that the nomination of the president of
the province shall not be waited for, as it might give rise to
heavy charges, especially if the said president did not reside
in the city where the guardianship is required to be provided.
The nomination of the curators or tutors shall therefore be
made by the magistrate of the city, in concert with the most
pious bishop, and other persons invested with public functions,
if the city possess several.
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