The Power of the Popes: An Historical Essay on Their Temporal Dominion, and the Abuse of Their Spiritual AuthorityDaunou, P. C. F. (Pierre Claude François)
History
The Power of the Popes: An Historical Essay on Their Temporal Dominion, and the Abuse of Their Spiritual Authority
Daunou, P. C. F. (Pierre Claude François)
Papacy -- History; Popes -- Temporal power
That which must render the pontificate of Eugenius III. memorable in the
History of the Power of the Popes is, the approbation which he bestowed
on Gratian’s Decree. The name of ‘Decree’ designates in this place, a
canonical compilation at first entitled ‘Concord of the Discordant
Canons,’ which was completed in 1152, by the aforesaid Gratian, a
Benedictine monk bom in Tuscany. The then recent discovery of
Justinian’s Pandects, caused the revival in Italy of the study of civil
jurisprudence: the collection of Gratian, became the ‘text’ of
ecclesiastical jurisprudence; and the first of these studies, soon
subjected to the other, appeared only as its appendage. This collection
is divided into three parts, of which one treats of general principles
and ecclesiastical persons, the second of judgment, and the third of
sacred things. The tautology, the impertinencies, the irregularity, the
errors in proper names, the disregard of correctness in the quotations,
are the smallest faults of the compiler; mutilated passages, canons,
false decretals, every species of falsehood, abound in this monstrous
production. Its success was only the more rapid; they began to expound
it in the schools, to cite it at the tribunals, to invoke it in
treaties; and it had almost become the general law of Europe, when the
return of learning slowly dissipated these gross impostures. The clergy
withdrawn from the secular tribunals; the civil power subjected to the
ecclesiastical supremacy; the estates of individuals, and the acts which
determined them, sovereignly regulated, confirmed, annulled, by the
canons, and by the clergy; the papal power freed from all restriction;
the sanction of all the laws of the church conferred on the Holy See,
itself independent of the laws published and confirmed by it: such are
the actual consequences of this system of jurisprudence. Some churches,
and that of France in particular, have modified it; but it is preserved
pure and unaltered in the Roman Church, which has availed itself of it
in the succeeding centuries to trouble the world. From the end of the
eighth century the decretals of Isidore had sowed the seeds of the whole
pontifical power. Gratian has compiled and enriched them. Represented as
the source of all irrefragable decisions, the universal tribunal
which-determines all differences, dissipates all doubts, clears up all
difficulties, the Court of Rome beholds itself consulted from all parts,
by metropolitans, bishops, chapters, abbots, monks, by lords, by
princes, and even by private individuals. The pontifical correspondence
had no limits but in the slowness of the medium of communication; the
flow of questions multiplied bulb, briefs and epistles; and from these
fictitious decretals, attributed to the popes of the first ages, sprung
up and multiplied, from the time of Eugenius III. millions of responses
and too well authenticated sentences. Matters, religious, civil,
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