Judical power of Gallic bishop according to Gregory of Tours
Piotr Nowak
Polish University Abroad , United KingdomAbstract
From the examples preserved in literature of Gregory of Tours the Gallic Church in the 6th century accomplished a crucial role in the judiciary system of the age. Bishops used to resolve not only own matters concerning the clergy or Canon Laws but also used to pass judgements on various arguments in which lay people were the parties. The highest hierarch acted alone or in the presence of the lay judge and other participants of the dispute and was unquestionably fulfilling formal procedural line. In the judicial procedure the bishop was appearing mainly as a mediator, with hope to reach the compromise by using his own high prestige and following the current law. In this procedure he was guided by a principle of the Christian mercy, clearly considering the Church learning in settling matters according the God’s justice, for which to its own conviction, he was a representative. Gregory’s of Tours iustitia implied such ideas, like the faithful life, charitable activity and the fair revenge. Bishops of this period were appearing consciously in the role of God’s messengers spreading the peace and love, and having the duty to support and protect the poor. In this way bishops are using judicial activity as the form of the pastoral ministry. Through such an attitude they were undoubtedly contributing to create a new civilization and relief the barbaric customs of Dark Ages epoch.
Keywords:
Gregory of Tours, Gaul, episcopalis audientia, the judicial power of bishopReferences
Baus K., The Imperial Church from Costantine to the Early Middle Ages, w: History of the Church, II, London 1980
Beck H., The Pastoral Care of Souls in South-East France During the Six Century, Romae 1950
Caesarius Arelatensis, Sermo, ed. G. Morin, CCL 104, Tourhout 1953
Cicero, De inventione, ed. H.M. Hubbell, w: Cicero, De inventione; De optimo genere; Oratorium topica, The Loeb Classical Library, vol. 386, Cambridge Mass. 1949 DOI: https://doi.org/10.4159/DLCL.marcus_tullius_cicero-de_inventione.1949
Drake H.A., Constantine and the Bishops. The Politics of Intolerance, Baltimore – London 2002
Gigesta Iustiniani, ed. T. Mommsen, w: Corpus Iuris Civilis, vol. I, Institutiones, Digesta, Berolini 1872
Gregorius Turonensis, Historia Fracorum, ed. W. Arndt, MGH Scriptores Rerum Merovigicarum, I/1, Hannover 1884, tłum. K. Liman – T. Richter: Historie. Historia Franków, Tyniec – Kraków 2002
Gregorius Turonensis, Miraculorum lib. II (De passione, virtutibus, et gloria Sancti Juliani martyris)
Gregorius Turonensis, Vitae Patrum
Grzywacz J., Episcopalis audientia, EK IV 1035
James E., „Beati pacifici”: Bishops and the Law in Sixth-Century Gaul, w: Disputes and Settlements. Law and Human Relations in the West, ed. J. Bossy, Cambridge 2003
James E., Gregory of Tours: Life of the Fathers, translated with an introduction and notes by E. James, Liverpool 2007
James E., The Origins of France. From Clovis to the Capetians. 500-100, Milan 1989
Jones A.H.M., The Later Roman Empire, Oxford 1964
Monroe W.S., Via Iustitiae: The Biblical sources of justice in Gregory of Tours, w: The World of Gregory of Tours, ed. K. Mitchell – I. Wood, Leiden – Boston – Köln 2002
Nie Giselle de, Views from a Many-windowed Tower, Amsterdam 1987
Rahner H., Kościół i Państwo we wczesnym chrześcijaństwie, tłum. M. Radożycka – J Radożycki, Warszawa 1986
Rapp C., Holy Bishops in Late Antiquity. The Nature of Christian Leadership in an Age of Transition, London 2005 DOI: https://doi.org/10.1525/california/9780520242968.001.0001
Statuta Ecclesiae antiqua, ed. C. Munier, CCL 148, Turnholti 1963
Vismara G., Audientia episcopalis, Milano 1937
Wallance-Hadrill J.M., The Bloodfeud of the Franks, in: The Long-Haired Kings, London, 1962
Wood I. N., Avitus of Vienne: Religion and Culture in the Auvergne and the Rhone Valley, 470-530, Oxford 1980
Polish University Abroad
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