The Holy See and the Wandering of the Nations, from St. Leo I to St. Gregory IAllies, T. W. (Thomas William)
History
The Holy See and the Wandering of the Nations, from St. Leo I to St. Gregory I
Allies, T. W. (Thomas William)
Church history -- Primitive and early church, ca. 30-600
In like manner, we find in Justinian's laws the relation of the bishop to
his diocese, and especially to his clergy, recognised as we find it
presented by the Church from the beginning, and as the lapse of time had
more and more drawn it out. The law's recognition secured it from all
attack. The idea that without the bishop there is neither altar, sacrifice,
nor sacrament had become, through the spirit of unity which rules the
Church, a fact visible to all. The more heresies and divisions exerted
their destroying and dissolving power, while the Church went on expanding
in bulk, every divine service in private houses was forbidden. Since such
assemblies attacked as well the peace and security of the State as the
unity of belief, the governors of provinces, as well as the bishops, had
most carefully to guard against such acts. Neither in city nor country
could a church, a monastery, or an oratory be raised without the bishop's
permission. This was made known to all by his consecrating the appointed
place in solemn procession, with prayer and singing, by elevation of the
cross. Without this such building was considered a place where errors
lurked and deserters took refuge.[162] In this concurrent action of the
laws of Church and State respecting the relation of the bishop to the whole
Church and to his own clergy, we never miss the perfect union between the
two even as to the smallest particulars. The conclusion is plain that the
secular power did not intend to act here on the ground of its own
supremacy, or as an exercise of its own majesty. Not only did it issue no
new regulations whereby any fresh order should be in the smallest degree
introduced: it raised to the condition of its own laws the canons which had
long obtained force in the Church, whose binding power was accepted by
everyone who respected the Church, as lying in themselves and in the
authority from which they proceeded. These it took simply and without
addition, and by so taking recognised in them the double character. So, if
they were transgressed, a double penalty ensued. The Church's punitive
power is contained in its legislative, the recognition of which is an
acknowledgment of the former. This the State, not only tacitly but
expressly, recognised. And by taking the Church's laws, it not only did not
obliterate the character and dignity of that authority, from which they had
issued, but it did not change the penalty, nor consider it from another
point of view. It remained what it had always been, and from its nature
must be, an ecclesiastical punishment. The State only lent its arm, when
that was necessary, for its execution. With this, however, it was not
content. The Church's life entered too deeply into the secular life. Those
who were to carry on the one and sanctify the other stood in the closest
connection with the whole State. So it made the canons its own proper laws,
and thus attached temporal penalties to their transgression. So we find
Public-domain text, read in full here on John Shaqi.
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