Occasional Papers - Selected from the Guardian, the Times, and the Saturday Review, - 1846-1890 by R.W. Church
page 12 of 398 (03%)
page 12 of 398 (03%)
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principibus data_; the other is _Jurisdictio improprie dicta ac
mere spiritualis, Ecclesiae ejusque Episcopis a Christo data_.... Properly speaking, I submit that there is no such thing as jurisdiction in any private association of men, or anywhere else than under the authority of the State. _Jus_ is the scheme of rights subsisting between men in the relations, not of all, but of civil society; and _jurisdicto_ is the authority to determine and enunciate those rights from time to time. Church authority, therefore, so long as it stands alone, is not in strictness of speech, or according to history, jurisdiction, because it is not essentially bound up with civil law. But when the State and the Church came to be united, by the conversion of nations, and the submission of the private conscience to Christianity--when the Church placed her power of self-regulation under the guardianship of the State, and the State annexed its own potent sanction to rules, which without it would have been matter of mere private contract, then _jus_ or civil right soon found its way into the Church, and the respective interests and obligations of its various orders, and of the individuals composing them, were regulated by provisions forming part of the law of the land. Matter ecclesiastical or spiritual moulded in the forms of civil law, became the proper subject of ecclesiastical or spiritual jurisdiction, properly so called. Now, inasmuch as laws are abstractions until they are put into execution, through the medium of executive and judicial authority, it is evident that the cogency of the reasons for welding together, so to speak, civil and ecclesiastical authority is much |
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