It may be added, that as all temporal jurisdiction emanates from the state; as all courts of judicial proceedings recognized by the state derive at least their external and coercive power from it; as all legal right to property emanates from the state; as every thing which has civil obligation or authority is in some sort derived from the state; therefore ecclesiastical courts, ecclesiastical jurisdiction, even the powers of order in the ministers of the church, may be said in a certain sense to be given by or derived from the prince; that is, in so far as they are legally established, and externally coercive; not as they are internal, spiritual, and binding on the conscience only. CHAPTER V. ON THE DUTY OF THE SOVEREIGN TO DEFEND THE CHRISTIAN FAITH AND DISCIPLINE. I NOw proceed to prove that it has been always held by the catholic church, that christian princes are bound to defend the faith and to enforce the canons by the "civil sword." Christian princes and states from the time of Constantine have invariably acted on this principle heretics and schismatics have always imitated their example whenever they were able to do so. Therefore it is certain that christian princes have a right and a duty to protect the christian faith and discipline by temporal power. The sentiments of the christian church and of christian princes on this point are no where more clearly manifested than in the history of the oecumenical synods. The first oecumenical synod was convened by the emperor Constantine, who was himself present during its proceedings, and who, at the close of them addressed a letter to all churches, exhorting them to receive the decrees of the council; and enacted laws that Arius and his followers should be accounted infamous and bear the name of Porphyrians; that their writings should be burnt; that whoever concealed those writings should suffer capital punishment; and that the Arians should pay ten times the usual amount of taxes". The second œcumenical synod of 150 bishops, in their synodical epistle to the emperor Theodosius, having informed him of their decrees in faith and discipline, said, "We therefore entreat your piety to ratify the decision of the synod, that as you have honoured the church by letters of convocation, so also you would seal the definition agreed on ";" and accordingly the emperor made laws commanding all the churches to be delivered to those bishops who confessed the doctrine of the Trinity, and were in communion with Nectarius bishop of Constantinople, Timothy of Alexandria, Pelagius of Laodicea, and other orthodox prelates; that all who did not agree with them in faith should be driven from the churches as manifest heretics; that no assemblies of heretics should be permitted, and that they should not build churches anywhere under pain of confiscation of their goods. The third œcumenical synod of Ephesus, of 200 bishops, in their synodical epistle to the emperors Theodosius and Valentinian, applauded those princes for commanding the metropolitans and bishops to assemble in synod; and having announced to them their approbation of the Nicene faith, and of the epistles of St. Cyril, and their deposal of Nestorius, they conclude thus: "We entreat your majesty to command all his (Nestorius) doctrine to be banished from the holy churches, and his books, wherever found, to be burnt; in which books he endeavours to render of none effect the grace of God, who became man through his love towards man, which Nestorius regards not as such, but as an insult to the Divinity. And if any one despise your sanctions, let him apprehend the indignation of your majesty. For thus the apostolic faith will remain unhurt, confirmed by your piety, and we all shall offer earnest prayers for your majesty," &c. Accordingly the emperor Theodosius, having confirmed the council, passed a law commanding the Nestorians to be termed Simonians, ordering their books to be suppressed and burnt publicly, and forbidding them to assemble under penalty of confiscation of their goods. John, patriarch of Antioch, also obtained orders from the emperor, that those schismatical bishops who refused to communicate with him, should be expelled from their churches by the civil power, and driven into exile 1. The sixth session of the œcumenical synod of Chalcedon furnishes a remarkable proof of the doctrine of the church, with reference to the powers and duties of christian princes. The emperor Marcian with his consort, attended by all the great officers of state, were present 5. Marcian having made an allocution to the council, declaring his intention in assembling it to have been the confirmation of the catholic faith against all d Harduin. Concilia, t. i. p. 1444. e Fleury, liv. xxvi. s. 34. f Ibid. liv. xxvii. s. 28-33. heresies; the archdeacon of Constantinople, by order of the emperor, read aloud the decree of the synod, with the subscriptions of 470 bishops. The emperor then demanded whether the council unanimously approved of that definition; and having heard the acclamations of all the bishops to that effect, he decreed, in the presence of the synod itself, that since the true faith had been made known by that holy oecumenical synod, it was right and expedient to remove all further contention and therefore that any person who should collect assemblies to dispute concerning faith, should be banished from the city, if a private individual, and if a soldier or a clergyman, should be in danger of losing his office, besides being subject to other penalties ". This decree was received by all those holy bishops with the loudest acclamations of gratitude and satisfaction. : It would occupy too much space to carry this examination through the acts of other councils, which were confirmed and enforced by the laws of christian emperors. The codex of Justinian comprises laws confirmatory of the catholic faith and discipline and the sacred canons, enacted by all the orthodox predecessors of that emperor from the time of Constantine', as well as by himself; and the Novellæ comprise many others. The emperor Charlemagne and his successors made laws confirmatory of the sacred canons. The Saxon kings of England followed the same pious example *. h Ibid. p. 487. i The first Book of the Codex is well worthy of a perusal by those who wish to know the powers exercised by the christian emperors in the primitive church. See also the Nomo-canon of Pho tius, patriarch of Constantinople, where the imperial laws on ecclesiastical affairs are connected with the canons. See their capitulars in the collections of the councils. k Bramhall mentions the ec The Norman kings made ecclesiastical laws'. Every christian state from those days to the present, has supported the faith and discipline of the church by temporal enactments. The Reformation universally recognized this right in the civil magistrate. The Lutherans and the Calvinists alike invoked the assistance of the temporal power to enforce the religion of the Gospel and repress dissentients. Even the sects which arose at that time adopted the same principle. The Brownists declared that it was the duty of the magistrate to establish their religion and to expel that of the catholic church ". The Presbyterians would not tolerate the worship of these catholic churches which they had overthrown in the great rebellion. The Anabaptists in their city of Munster forbad all exercise of a religion different from their own. The Independents of America acted on exactly the same principle. As for those small sects which deny the right of the civil magistrate to support the christian doctrine and discipline by temporal means, they are obviously influenced only by a desire to weaken and subvert the churches from which they have separated. The right and duty of the prince to employ the civil sword in defence of the faith and discipline of the catholic church, is most fully admitted even by those who limit his authority in ecclesiastical matters so far, as to render him rather the servant than the protector of the church. The papists of the ultramontane party allow that kings are bound to do so. Thus Champney See Wilkins, Concilia Mag. Brit. clesiastical laws of Ercombert, Bramhall, ut supra. m See Vol. I. p. 403. |