part.
The metropolitan summoned his bishops, the patriarchs their metropolitans,
to the yearly synods. The bishops did not vote without their metropolitan;
they took counsel with him, sometimes intrusted him with their votes.[160]
General laws of the Church, and also imperial edicts, were transmitted
first to the patriarchs, and from them to the metropolitans, and from these
to the bishops. Bishops might not leave their diocese without permission of
the metropolitan, nor the metropolitan without that of the patriarch.[161]
In like manner, we find in Justinian's laws the relation of the bishop to
his diocese, and especially to his clergy, recognised as we find it
presented by the Church from the beginning, and as the lapse of time had
more and more drawn it out. The law's recognition secured it from all
attack. The idea that without the bishop there is neither altar, sacrifice,
nor sacrament had become, through the spirit of unity which rules the
Church, a fact visible to all. The more heresies and divisions exerted
their destroying and dissolving power, while the Church went on expanding
in bulk, every divine service in private houses was forbidden. Since such
assemblies attacked as well the peace and security of the State as the
unity of belief, the governors of provinces, as well as the bishops, had
most carefully to guard against such acts. Neither in city nor country
could a church, a monastery, or an oratory be raised without the bishop's
permission. This was made known to all by his consecrating the appointed
place in solemn procession, with prayer and singing, by elevation of the
cross. Without this such building was considered a place where errors
lurked and deserters took refuge.[162] In this concurrent action of the
laws of Church and State respecting the relation of the bishop to the whole
Church and to his own clergy, we never miss the perfect union between the
two even as to the smallest particulars. The conclusion is plain that the
secular power did not intend to act here on the ground of its own
supremacy, or as an exercise of its own majesty. Not only did it issue no
new regulations whereby any fresh order should be in the smallest degree
introduced: it raised to the condition of its own laws the canons which had
long obtained force in the Church, whose binding power was accepted by
everyone who respected the Church, as lying in themselves and in the
authority from which they proceeded. These it took sim
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