The Great Events by Famous Historians, Volume 06: (From Barbarossa to Dante)
Dante Alighieri · en
Amidst a number of discordant statements it is difficult to fix on the
original ground of the dissension between them; whether it were the
Archbishop's resignation of the chancellorship, or his resumption of
the lands alienated from his see, or his attempt to reform the
clergymen who attended the court, or his opposition to the revival of
the odious tax known by the name of the _danegelt_.[28] But that which
brought them into immediate collision was a controversy respecting the
jurisdiction of the ecclesiastical courts. A rapid view of the origin
and progress of these courts, and of their authority in civil and
criminal causes, may not prove uninteresting to the reader.
From the commencement of Christianity its professors had been exhorted
to withdraw their differences from the cognizance of profane
tribunals, and to submit them to the paternal authority of their
bishops, who, by the nature of their office, were bound to heal the
wounds of dissension, and by the sacredness of their character were
removed beyond the suspicion of partiality or prejudice. Though an
honorable, it was a distracting, servitude, from which the more pious
would gladly have been relieved; but the advantages of the system
recommended it to the approbation of the Christian emperors.
Constantine and his successors appointed the bishops the general
arbitrators within their respective dioceses; and the officers of
justice were compelled to execute their decisions without either delay
or appeal. At first, to authorize the interference of the spiritual
judge, the previous consent of both the plaintiff and defendant was
requisite; but Theodosius left it to the option of the parties, either
of whom was indulged with the liberty of carrying the cause in the
first instance into the bishop's court, or even of removing it thither
in any stage of the pleadings before the civil magistrate. Charlemagne
inserted this constitution of Theodosius in his code, and ordered it
to be invariably observed among all the nations which acknowledged his
authority. If by the imperial law the laity were permitted, by the
canon law the clergy were compelled, to accept of the bishop as the
judge of civil controversies. It did not become them to quit the
spiritual duties of their profession, and entangle themselves in the
intricacies of law proceedings. The principle was fully admitted by
the emperor Justinian, who decided that in cases in which only one of
the parties was a clergyman, the cause must be submitted to the
decision of the bishop. This valuable privilege, to which the teachers
of the northern nations had been accustomed under their own princes,
they naturally established among their converts; and it was soon
confirmed to the clergy by the civil power in every Christian country.