The Medieval Church in Scotland Its Constitution Organisation And Law
The Medieval Church in Scotland Its Constitution Organisation And Law
Dowden, John, 1840-1910
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It has its place in the laws of Justinian ; it was enforced by the capitularies of Charlemagne ; it was acknowledged in the legislation of the Anglo-Saxon kings of England. We unfortunately do not possess material for a continuous history of the relations of the Church and the State in regard to this question as it practi- cally evolved itself in Scotland. The ecclesiastical statutes of the thirteenth century are intended to deal with the excesses of ecclesiastical pretensions. Thus, it is forb...idden to priests, vicars, and other clerks to demand from the lay officers of the State a clerk, or a crusader \j. E. One who had taken a vow to go on a crusade], who had been arrested for such crimes as homicide or robbery, unless with the consent, or at the order of the bishop, arch- deacon, or dean [of Christianity] of the place where the demand for the delivery of the prisoner was made. In o 2IO RELATIONS OF CHURCH AND STATE such a case it was expected that the lay officer {haUi'vus laicus) should at once surrender his prisoner to the ecclesi- astical authorities.
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