Occasional Papers: Selected from the Guardian, the Times, and the Saturday Review, 1846-1890, Vol. 2Church, R. W. (Richard William)
Religion
Occasional Papers: Selected from the Guardian, the Times, and the Saturday Review, 1846-1890, Vol. 2
Church, R. W. (Richard William)
Christianity; Church and state -- Great Britain; Great Britain -- Church history -- 19th century
Here, however, I must commence by stating that, as it appears to
me, Lord Coke and others attach to the very word jurisdiction a
narrower sense than it bears in popular acceptation, or in the
works of canonists--a sense which excludes altogether that of the
canonists; and also a sense which appears to be the genuine and
legitimate sense of the word in its first intention. Now, when we
are endeavouring to appreciate the force and scope of the legal
doctrine concerning ecclesiastical and spiritual jurisdiction, it
is plain that we must take the term employed in the sense of our
own law, and not in the different and derivative sense in which it
has been used by canonists and theologians. But canonists
themselves bear witness to the distinction which I have now
pointed out. The one kind is _Jurisdictio coactiva proprie dicta,
principibus data_; the other is _Jurisdictio improprie dicta ac
mere spiritualis, Ecclesiae ejusque Episcopis a Christo data_....
Properly speaking, I submit that there is no such thing as
jurisdiction in any private association of men, or anywhere else
than under the authority of the State. _Jus_ is the scheme of
rights subsisting between men in the relations, not of all, but of
civil society; and _jurisdicto_ is the authority to determine and
enunciate those rights from time to time. Church authority,
therefore, so long as it stands alone, is not in strictness of
speech, or according to history, jurisdiction, because it is not
essentially bound up with civil law.
But when the State and the Church came to be united, by the
conversion of nations, and the submission of the private
conscience to Christianity--when the Church placed her power of
self-regulation under the guardianship of the State, and the State
annexed its own potent sanction to rules, which without it would
have been matter of mere private contract, then _jus_ or civil
right soon found its way into the Church, and the respective
interests and obligations of its various orders, and of the
individuals composing them, were regulated by provisions forming
part of the law of the land. Matter ecclesiastical or spiritual
moulded in the forms of civil law, became the proper subject of
ecclesiastical or spiritual jurisdiction, properly so called.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account