One of the chief effects of the invasions of the barbarians was an increased lawlessness and disorder throughout the territory in which they settled. The administration of justice was seriously disturbed by their presence in the country, and the machinery of government was, to a certain extent, destroyed by them. Under these circumstances the clergy, by virtue of their office and character, were looked on as representatives of law, order, and justice, and they were quite naturally given a voice in the administration of justice and in the general management of affairs. The selections from the pragmatic sanction, which Justinian issued in 554, show in part the use which he made of the bishop of Rome to restore and secure order and good government in Italy after the long, destructive, and demoralizing wars which he waged with the East Goths.
§ 12. The bishops and chief men shall elect officials for each province who shall be qualified and able to administer its government, etc.
§ 19. That there may be no opportunity for fraud or loss to the provinces, we order that, in the purchase and sale of all kinds of produce [grain, wine, oil, etc.] and in the payment and receipt of money, only those weights and measures shall be used which we have established and put under the control of the pope and of the senate.
37. The Emperor has the Right to Confirm the Election of the Bishop of Rome, ca. 650. A Letter from the Church at Rome to the Emperor at Constantinople, Asking him to Confirm the Election of their Bishop.
Liber Diurnus, no. 58, Rozière’s edition, pp. 103 ff; Von Sickel’s edition. pp. 47 ff.
For a long time the emperor at Constantinople had exercised the right of confirming the election of the bishop of Rome. No one could be ordained and consecrated pope until his election had been confirmed by the emperor.
The Liber Diurnus is a collection of letters or formulas which were used by the papal secretaries as models in drawing up the pope’s letters. This particular collection was in use at the papal court from about 600 to 900 A.D. When it became necessary to write to the emperor at Constantinople to secure his confirmation of the election of a bishop of Rome, a secretary would copy this letter, inserting the proper names in the appropriate places and making such other changes in its wording as might be necessary to fit the particular case.
Although God himself has brought about such harmony and unity in the election of a successor to the pope who has just died that there is scarcely one that opposes it, it is necessary that we humbly pour out the prayers of our petition to our most serene and pious lord who is known to rejoice in the harmony of his subjects and graciously to grant what they unite in asking. Now, when our pope (name), of blessed memory, died, we all agreed in the election of (name), venerable archdeacon of the apostolic see, because from his early youth he had served in this church and had shown himself so able in all things that on the score of his merits he deserved to be put at the head of the government of the church; especially since he was of such a character that with the help of Christ and by constant association with the aforesaid most blessed pope (name), he has attained to the same high merits with which his predecessor (name), of blessed memory, was graced; with his eloquence, he stirred within us a desire for the holy joys of heaven; so we confidently believe that what we have lost in his predecessor we have found again in him. Therefore, with tears, all your servants beg that you, our lord, may deign to grant our petition and accede to our wishes concerning the ordination of him whom we have elected, and, to the glory of the realm, authorize his ordination; that thus, after you have established him over us as our pastor, we may constantly pray for the life and government of our lord the emperor to the omnipotent Lord and to St. Peter, over whose church, with your permission, a worthy governor is now to be ordained.
Signatures of the clergy:
I, (name), by the mercy of God, priest of the holy Roman Church, have signed this our action regarding (name), venerable archdeacon of the holy apostolic see, our pope elect.