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
everywhere the addition that each violation would carry with it not only
the divine judgment and arm the Church's hand to punish, but likewise draw
down upon it the prescribed penalties from the imperial majesty.
But so far the empire was maintaining by its secular authority the proper
laws and institutions of the Church. Justinian went far beyond this.[163]
His legislation associated the bishop with the count in the government of
cities and provinces. It gave up to him exclusively the superintendence of
morality and the protection of moral interests, the control of public works
and of prisons. It bestowed on him a large jurisdiction--even more, put
under his supervision the conduct of public functionaries in their
administration, and conferred on him a preponderating influence on their
election. In a word, it by degrees displaced the centre of gravity in
political life by investing the episcopate with a large portion of temporal
attributions.
To give in detail what is here summed up would involve too large a space. A
few specimens must suffice. The bishop in his own spiritual office would
have a great regard for widows and orphans.[164] Parents when dying felt
secure in recommending children to their protection against the avarice of
secular judges. Hence the custom had arisen that bishops had to watch over
the execution of wills, especially such as were made for benevolent
purposes. They could in case of need call in the assistance of the
governor. Their higher intelligence and disinterested character were in
such general credit that they had no little influence in the drawing up of
wills. But the State under Justinian was so far from regarding: this with
jealousy, that he ordered, if a traveller should die without a will in an
inn, the bishop of the place should take possession of the property, either
to hand it over to the rightful heirs, or to employ it for pious purposes.
If the innkeeper were found guilty of embezzlement, he was to pay thrice
the sum to the bishop, who could apply it as he wished. No custom,
privilege, or statute was allowed to have force against this. Those who
opposed it were made incapable of testing. Down to the sixth century[165]
we find no law of the Church touching the testamentary dispositions of
Christians. Justinian is the first of whom we know that he entrusted the
execution of wills specially to the supervision of bishops. That he did
this shows the great trust which he placed in their uprightness.
Public-domain text, read in full here on John Shaqi.
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