ply and without
addition, and by so taking recognised in them the double character. So, if
they were transgressed, a double penalty ensued. The Church's punitive
power is contained in its legislative, the recognition of which is an
acknowledgment of the former. This the State, not only tacitly but
expressly, recognised. And by taking the Church's laws, it not only did not
obliterate the character and dignity of that authority, from which they had
issued, but it did not change the penalty, nor consider it from another
point of view. It remained what it had always been, and from its nature
must be, an ecclesiastical punishment. The State only lent its arm, when
that was necessary, for its execution. With this, however, it was not
content. The Church's life entered too deeply into the secular life. Those
who were to carry on the one and sanctify the other stood in the closest
connection with the whole State. So it made the canons its own proper laws,
and thus attached temporal penalties to their transgression. So we find
everywhere the addition that each violation would carry with it not only
the divine judgment and arm the Church's hand to punish, but likewise draw
down upon it the prescribed penalties from the imperial majesty.

But so far the empire was maintaining by its secular authority the proper
laws and institutions of the Church. Justinian went far beyond this.[163]
His legislation associated the bishop with the count in the government of
cities and provinces. It gave up to him exclusively the superintendence of
morality and the protection of moral interests, the control of public works
and of prisons. It bestowed on him a large jurisdiction--even more, put
under his supervision the conduct of public functionaries in their
administration, and conferred on him a preponderating influence on their
election. In a word, it by degrees displaced the centre of gravity in
political life by investing the episcopate with a large portion of temporal
attributions.

To give in detail what is here summed up would involve too large a space. A
few specimens must suffice. The bishop in his own spiritual office would
have a great regard for widows and orphans.[164] Parents when dying felt
secure in recommending children to their protection against the avarice of
secular judges. Hence the custom had arisen that bishops had to watch over
the execution of wills, especially such as were made for benevolent
purposes. They could in case