The great courts of approach were not finished before the reigns of Caracalla and Philip. In commemoration, no doubt, of the dedication of the new sanctuaries, Severus conferred the jus Italicum on the city.
This nobility consisted of all those who, as descendants of curule magistrates, had the jus imaginum - that is, who could point to forefathers ennobled by office.
It supplied them with an incentive to scientific research in archaeology and grammar; it penetrated jurisprudence until the belief in the ultimate identity of the jus gentium with the law of nature modified the praetor's edicts for centuries.
If so, parliament was told that temporal possessions ruin the church and drive out the Christian graces of faith, hope and charity; that the priesthood of the church in communion with Rome was not the priesthood Christ gave to his apostles; that the monk's vow of celibacy had for its consequence unnatural lust, and should not be imposed; that transubstantiation was a feigned miracle, and led people to idolatry; that prayers made over wine, bread, water, oil, salt, wax, incense, altars of stone, church walls, vestments, mitres, crosses, staves, were magical and should not be allowed; that kings should possess the jus episcopale, and bring good government into the church; that no special prayers should be made for the dead; that auricular confession made to the clergy, and declared to be necessary for salvation, was the root of clerical arrogance and the cause of indulgences and other abuses in pardoning sin; that all wars were against the principles of the New Testament, and were but murdering and plundering the poor to win glory for kings; that the vows of chastity laid upon nuns led to child murder; that many of the trades practised in the commonwealth, such as those of goldsmiths and armourers, were unnecessary and led to luxury and waste.
The instructions given to them by the emperor were as follows: - they were to procure and peruse all the writings of all the authorized jurists (those who had enjoyed the jus respondendi); were to extract from these writings whatever was of most permanent and substantial value, with power to change the expressions of the author wherever conciseness or clearness would be thereby promoted, or wherever such a change was needed in order to adapt his language to the condition of the law as it stood in Justinian's time; were to avoid repetitions and contradictions by giving only one statement of the law upon each point; were to insert nothing at variance with any provision contained in the Codex constitutionum; and were to distribute the results of their labours into fifty books, subdividing each book into titles, and following generally the order of the Perpetual Edict.2 These directions were carried out with a speed which is surprising when we remember not only that the work was interrupted by the terrible insurrection which broke out in Constantinople in January 532, and which led to the temporary retirement from office of Tribonian, but also that the mass of literature which had to be read through consisted of no less than two thousand treatises, comprising three millions of sentences.
Bohmer's Jus ecclesiasticuni Protestantium (1714-1723), and van Espen's Jus ecclesiasticuzn (1702) detail at great length the relations of heresy to canon and civil law.
As minister he conferred upon his Calvinistic univer sity the Jus Promovendi.
This was especially true in the case of the inhabitants of those towns which were in possession of the jus italicum.
Cologne rose to be the chief town of Germania Secunda, and had the privilege of the Jus Italicum.
The jus episcopale which Luther afterwards claimed for the secular authorities had been practically exercised in Saxony and Brandenburg; cities and districts had framed police regulations which set aside ecclesiastical decrees about holidays and begging; the supervision of charity was passing from the hands of the church into those of laymen; and religious confraternities which did not take their guidance from the clergy were increasing.