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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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