The Development of the Primitive iurisdictio episcopalis

Abstract

The irruption of Christianity in Roman society implied a necessary process of adaptation of both realities, which coexisted in a common political and cultural space. Outside of first incomprehension from both sides-crystallized in groups that, on the one hand, foresaw the imminent Parousia, and the periodic violent reactions against this weird group of followers of an executed Galileo, on the other hand-truth is that both parts must have little by little adapted to a cohabitation they saw themselves headed toward, since they shared a common space. In turn, Christians, no matter their diverse origin, social or geographical, had to become little by little aware of their own identity, building through the years an internal organization that should answer not only to the necessities of this primitive religious society inside the enormous frame of the Empire, but also to some circumstances presented in their own evolution, as they were a particular human group with a clear mission-Gospel preaching-and with very specific sources they could not separate from. Within these organization needs, one of them was the administration of Justice, needed in all societies, and clearly articulated in the Roman world, but completely distant from the evangelic principles that must guide every action of a Christian. There begins the difficult task of constructing an organization able to answer to the needs of the community and to the mission given by Jesus, doing this task, firstly, in parallel to the Empire, and later under its protection. However, this will not mean the abandonment of the authority due to the established political power, but a complicated combination between obedience toward the authorities and the application ad intra of a Law in accordance with the condition of being "saved" of the believers, whose starting point will be, no doubt, the Gospel. It is clear that when both visions collide, that born from the faith should be given priority, but both will be combined as much as possible. Our paper tries to show the relations of the ecclesiastic authority as long as the temporary power was changing, from the end of secrecy to the fall of the Empire and the beginning of Middle Ages. We must take into account that concepts such as potestas, iurisdictio or auctorictas are still in a first state of gestation, not only to the temporary power, that to some extent still conserves the imperial inheritance, but also to a Church that has just left secrecy and must live with an authority that is taking conscience of itself and reaching its age of majority.