Ecclesiastical Jurisdiction Quotes
While this was directed at foreigners in general, the reason it was promulgated was to eliminate the influence of the Pope and his agents and the Catholic Kings of Europe and their minions.
This quotation illustrates how the power and mechanism of an established church operated to control ideas and maintain theological monopoly. In this case, no one could sell or rent any facility in the city to a cleric or church of any kind or persuasion without first having the approval of the Bishop who had theological control of that territory. Even Catholic scholars could not rent a room in the city unless their scholarship met with the Bishop’s approval. This was history with which the American Founding were very familiar, and wanted to avoid by adopting the 1st Amendment.
This was often referred to as “The Golden Bull.” The Church clerics formed the judiciary for civil as well as religious matters. In time Catholic Europe would separate the judicial authority between religious and civil courts, the final step was to bring clerics and the church under the civil control and authority which was fought vehemently by the church which for years tried to retain at least the right to try priests and other church officials even for civil crimes.
A priest, friar or monk with this commission could and did, remove from the custody and control of the local judges, bailiffs and law enforcement officers clerics who had run afoul of the law. At the time the word “clerk” meant any churchman. The principle at the time was that the state could not judge or dispense justice or punishment to members of the church. Only the church could try and convict clerics and they did that persiant to cannon (religious) law. In theory, the bearer of this commission would take custody of an accused criminal who was a churchman, and bring him to the Bishop who would handle the case under Ecclesiastical Law. Often that meant, doing nothing or minor penitence for a crime that could even bring the death penalty under civil law. Historically there has been a major struggle in the West between the churches and civil governments that still goes on to this day in countries like Ireland. In America, the early 21st century saw the Roman Catholic bishops covering up crimes of sexual predation on the part of Priests. Many people were also outraged that the bishops did not report the Priests to the police, but this was unfortunately a throwback to this historical notion that the Church only can deal with the discipline and legal matters involving church personnel or property. Historically, reporting matters like this to civil authorities for handling is only about 200 years old, while the system illustrated by this quotation had been in place for about 1200 years before.
The council was not only fearful of Protestant preaching, but hereby granted a local monopoly within the Catholic Church to the local Bishop.
This concept is not terribly different from the concept of the theocracy of the Islamic government of Iran in the 21st century. There is a civil government but it serves and is “under the direction of the spiritual power.”
