Institutes 4.11.15 — OF THE JURISDICTION OF THE CHURCH, AND THE ABUSES OF IT, AS EXEMPLIFIED IN THE P

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**OF THE JURISDICTION OF THE CHURCH, AND THE ABUSES OF IT, AS EXEMPLIFIED IN THE PAPACY.**

To jurisdiction is annexed the immunity claimed by the Romish clergy. They deem it unworthy of them to answer before a civil judge in personal causes; and consider both the liberty and dignity of the Church to consist in exemption from ordinary tribunals and laws. But the ancient bishops, who otherwise were most resolute in asserting the rights of the Church, did not think it any injury to themselves and their order to act as subjects. Pious emperors also, as often as there was occasion, summoned clergy to their tribunals, and met with no opposition. For Constantine, in a letter to the Nicomedians, thus speaks:—“Should any of the bishops unadvisedly excite tumult, his audacity shall be restrained by the minister of God, that is, by my executive” (Theodoret. Lib. 1 c. 20). Valentinian says, “Good bishops throw no obloquy on the power of the emperor, but sincerely keep the commandments of God, the great King, and obey our laws” (Theodoret. Lib. 4 c. 8). This was unquestionably the view then entertained by all. Ecclesiastical causes, indeed, were brought before the episcopal court; as when a clergyman had offended, but not against the laws, he was only charged by the Canons; and instead of being cited before the civil court, had the bishop for his judge in that particular case. In like manner, when a question of faith was agitated, or one which properly pertained to the Church, cognisance was left to the Church. In this sense the words of Ambrose are to be understood: “Your father, of august memory, not only replied verbally, but enacted by law, that, in a question of faith, the judge should be one who was neither unequal from office, nor incompetent from the nature of his jurisdiction” (Ambros. Ep. 32 ). Again, “If we attend to the Scriptures, or to ancient examples, who can deny that in a question of faith, a question of faith, I say, bishops are wont to judge Christian emperors, not emperors to judge bishops?” Again, “I would have come before your consistory, O emperor, would either the bishops or the people have allowed me to come: they say that a question of faith should be discussed in the Church before the people.” He maintains, indeed, that a spiritual cause, that is, one pertaining to religion, is not to be brought before the civil court, where worldly disputes are agitated. His firmness in this respect is justly praised by all. And yet, though he has a good cause, he goes so far as to say, that if it comes to force and violence, he will yield. “I will not desert the post committed to me, but, if forced, I will not resist: prayers and tears are our weapons” (Ambros. Hom. de Basilic. Traden.). Let us observe the singular moderation of this holy man, his combination of prudence, magnanimity, and boldness. Justina, the mother of the emperor, unable to bring him over to the Arian party, sought to drive him from the government of the Church. And this would have been the result had he, when summoned, gone to the palace to plead his cause. He maintains, therefore, that the emperor is not fit to decide such a controversy. This both the necessity of the times, and the very nature of the thing, demanded. He thought it were better for him to die than consent to transmit such an example to posterity; and yet if violence is offered, he thinks not of resisting. For he says, it is not the part of a bishop to defend the faith and rights of the Church by arms. But in all other causes he declares himself ready to do whatever the emperor commands. “If he asks tribute, we deny it not: the lands of the Church pay tribute. If he asks lands, he has the power of evicting them; none of us interposes.” Gregory speaks in the same manner. “I am not ignorant of the mind of my most serene lord: he is not wont to interfere in sacerdotal causes, lest he may in some degree burden himself with our sins.” He does not exclude the emperor generally from judging priests, but says that there are certain causes which he ought to leave to the ecclesiastical tribunal.

Source

• source-manifest/institutes — Calvin, Institutes of the Christian Religion, tr. Beveridge 1845 (PD)
• evidence_grade: D_doctrinal_textbook