'Cod. Just. 1. i. tit. iv. de episcopali audientia, § 26.—With regard to the annual affairs of the cities (whether they refer to the ordinary city revenues, resulting either from funds arising from the city property, or from individual gifts or legacies, or from any other source, whether deliberation is required touching the public works, or magazines of provisions, or aqueducts, or the maintenance of baths or of harbours, or the construction of walls or towers, or the repairing of bridges and roads, or lawsuits in which the city may be engaged, on account of public or private interests), we ordain as follows:—The very pious bishop, and three men of good fame amongst the chief men of the city, shall assemble together; they shall examine every year the works that have been performed, and they shall take care that those who conduct them, or have conducted them, do measure them with precision, give in accounts of them, and make it clear that they have fulfilled their engagements in the administration, whether it be of the public monuments, or of the sums appropriated to provisions and baths, or of what is expended for the repair of roads, aqueducts, or any other work.
'Ibid. § 30.—With regard to the guardianship of young people, of the first or second age, and of all those to whom the law assigns curators, if their fortune does not exceed 500 aurei, we ordain that the nomination of the president of the province shall not be waited for, as it might give rise to heavy charges, especially if the said president did not reside in the city where the guardianship is required to be provided. The nomination of the curators or tutors shall therefore be made by the magistrate of the city, in concert with the most pious bishop, and other persons invested with public functions, if the city possess several.
'Ibid. 1. i. tit. lv. de defensoribus, § 8.—We will that the defenders of the cities, being well instructed in the holy mysteries of the orthodox faith, be chosen and instituted by the venerable bishops, the clerks, the notables, the proprietors, and the curiales. As to their installation, it shall be referred to the glorious power of the Prefect of the Pretorium, in order that their authority may gather more solidity and vigour from the admissory letters of his Magnificence.'
I might cite a great number of other laws illustrative of the fact everywhere displayed, that between the Roman municipal system and the municipal system of the middle ages an ecclesiastical municipal system interposed; that the preponderance of the clergy in city affairs succeeded that of the old municipal magistrates, and preceded the organisation of the modern corporations.
Thus, by its own constitution, by its action on the Christian population, and also by the part it bore in civil affairs, the Christian church exercised prodigious means of influence. From that epoch, therefore, it operated powerfully on the character and development of modern civilisation. I will endeavour to sum up the elements it has infused into it.
In the first place, an incalculable benefit resulted from the existence of a moral influence and force, of a force which simply rested on moral convictions, persuasions, and opinions, in the midst of that deluge of physical force which poured upon society at that epoch. If the Christian church had not been established, the whole world had been overborne by pure physical force. It alone exercised a moral power. It did more: it sustained and spread the idea of a rule or law which was superior to all human laws; it maintained, for the safety of humanity, that fundamental doctrine that there is above all human laws a law, which, according to the spirit of times and manners, is sometimes called reason, and sometimes Divine will, but which, at all periods, and in all places, is the same law under different designations.
The church, then, originated a great fact—namely, the separation of the spiritual from the temporal power. This separation is the source of liberty of conscience; and it rests upon no other principle than that which serves as the base of the most unrestricted and extended liberty of conscience. The separation between the temporal and spiritual powers is founded upon the principle that physical force has no right or influence over the minds of men, or over conviction and truth. It results from the distinction established between the world of thought and that of action, between circumstances of an internal and those of an external nature. So that this maxim of liberty of conscience—for which Europe has struggled and suffered so much, and which has prevailed only so lately, often against the exertions of the clergy—was laid down under the name of a separation between temporal and spiritual power in the earliest stages of European civilisation; and its introduction and maintenance was owing to the Christian church being compelled, by the necessity of its situation, to defend itself against the barbarism of the times.
The Christian church, therefore, shed upon the European world in the fifth century three essential blessings—the recognition of a moral influence, the upholding a divine law, and the disjunction of temporal and spiritual power.
But even at that period all its influence was not equally salutary. So early as the fifth century, some evil principles made their appearance in the church, which have played an important part in the development of our civilisation. Thus there arose within it at that era the doctrine of the separation of the governing and the governed, the attempt to establish the irresponsibility of rulers to subjects, to impose laws, to control opinion, and to dispose of men, without the consent of the governed, or regard being paid to their reason and inclination. It likewise strove to infuse into society the theocratic principle, to seize upon temporal power, and to exercise exclusive domination. And when it failed in fully accomplishing this design, it allied itself with temporal princes, and supported their absolute power at the expense of the liberty of the people, in order that it might obtain a share for itself.
Such were the principal elements of civilisation that Europe drew from the church and the Empire in the fifth century. It was in this state that the barbarians found the Roman world when they came to take possession of it. In order to comprehend all the elements which were included and mingled in the cradle of our civilisation, there remains nothing but the barbarians to contemplate.
It is not with the history of the barbarians that we have to concern ourselves, for relation is not our province. We are aware that, at the epoch in question, the conquerors of the Empire were almost all of the same race, all Germans, except some Slavonic tribes, as the Alani, for example. We are likewise aware that they were all pretty nearly in the same state of civilisation. Some difference might exist amongst them, according to the greater or less degree of contact into which they had respectively come with the Roman provincials. Thus there is no doubt that the Goths were more advanced and milder in their manners than the Franks. But considering things in a general point of view, and with reference to their results upon ourselves, this early diversity amongst the barbaric tribes in civilisation is of no importance.