The Theodosian Code freed the property of the Church from most fiscal
burdens, and the clergy from taxes, from public and military service, and
from many other obligations which sometimes the Code groups under the head
of _sordida munera_. The Church might receive all manner of bequests, and
it inherited the property of such of its clergy as did not leave near
relatives surviving them. Its property generally was inalienable; and the
clergy were accorded many special safeguards. Slaves might be manumitted
in a church. The church edifices were declared asylums of refuge from
pursuers, a privilege which had passed to the churches from the heathen
fanes and the statues of the emperors. Constitution after constitution was
hurled against the Church’s enemies. The Theodosian Code has one chapter
containing sixty-six constitutions directed against heretics, the combined
result of which was to deprive them, if not of life and property, at least
of protected legal existence.
Of enormous import was the sweeping recognition on the Empire’s part of
the validity of episcopal jurisdiction. No bishop might be summoned before
a secular court as a defendant, or compelled to give testimony. Falsely to
accuse one of the clergy rendered the accuser infamous. All matters
pertaining to religion and church discipline might be brought only before
the bishop’s court, which likewise had plenary jurisdiction over
controversies among the clergy. It was also open to the laity for the
settlement of civil disputes. The command not to go to law before the
heathen came down from Paul (1 Cor. vi.), and together with the severed
and persecuted condition of the early Christian communities, may be
regarded as the far source of the episcopal jurisdiction, which thus
divinely sanctioned tended to extend its arbitrament to all manner of
legal controversies.[401] To be sure, under the Christian Roman Empire
the authority of the Church as well as its privileges rested upon imperial
law. Yet the emperors recognized, rather than actually created, the
ecclesiastical authority. And when the Empire was shattered, there stood
the Church erect amid the downfall of the imperial government, and capable
of supporting itself in the new Teutonic kingdoms.
The constitutions of Christian emperors did not from their own force and
validity become Ecclesiastical or Canon law--the law relating to
Christians as such, and especially to the Church and its functions. The
source of that law was God; the Church was its declarative organ.
Acceptance on the Church’s part was requisite before any secular law could
become a law of the Church.
Public-domain text, read in full here on John Shaqi.
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