The Church and the Empire: Being an Outline of the History of the Church from A.D. 1003 to A.D. 1304Medley, D. J. (Dudley Julius)
Religion
The Church and the Empire: Being an Outline of the History of the Church from A.D. 1003 to A.D. 1304
Medley, D. J. (Dudley Julius)
Church history -- Middle Ages, 600-1500
The Popes made no pretence of hiding their claims to the legislative
power. Urban II strongly affirms that it has always been in the power
of the Roman Pontiff to frame new laws; and two centuries later
Boniface VIII embodies in his addition to the Canon Law the words of
an earlier writer, that the Roman Pontiff is considered to hold all
laws in the repository of his breast. There was no room in such a
theory for any effective co-operation of ecclesiastical Councils,
however representative. The _Dictatus Papae_ declares that no
General Council can be held without the papal command. Pascal II
points out that no Council can dictate the law of the Church, because
every Council comes into existence and receives its power by authority
of Rome, and in its statutes the authority of the Pope is clearly not
interfered with. But the Popes often found it convenient to obtain the
sanction of a General Council for their legislation, and the four
Lateran Councils (1123, 1139, 1179, 1215) were the occasions for great
and important additions to the Canon Law. But from the time of the
third Lateran Council, at all events, all ordinances of a General
Council were issued in the name of the Pope, although the approval or
the fact of the Council was likewise expressed. Thomas Aquinas merely
expresses the recognised law of the Church when he says that the Holy
Fathers gathered together in Councils can make no laws except by the
intervention of the authority of the Roman Pontiff, for without that
authority a Council cannot even meet.
[Sidenote: Popes above law.]
It followed from this assumption of the supreme legislative power
that, in the first place, the Pope himself claimed not to be bound by
the laws which he made. Thus in the thirteenth century papal writers
denied that the Roman Church could commit simony. Certain acts are
simoniacal because they have been prohibited as such by Canon Law; but
inasmuch as it is the Pope who had forbidden them, the prohibition
does not bind him. And in virtue of this power, from the time of
Innocent IV the Popes added to their bulls a _non obstante_
clause whereby they suspended in a particular instance all laws or
rights which might otherwise stand in the way of their grant.
[Sidenote: Papal dispensation.]
Public-domain text, read in full here on John Shaqi.
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