found its way into the Church, and the respective
interests and obligations of its various orders,
and of the individuals composing them, were regulated
by provisions forming part of the law of the land.
Matter ecclesiastical or spiritual moulded in
the forms of civil law, became the proper subject of
ecclesiastical or spiritual jurisdiction, properly
so called.
Now, inasmuch as laws are abstractions until they are put into execution, through the medium of executive and judicial authority, it is evident that the cogency of the reasons for welding together, so to speak, civil and ecclesiastical authority is much more full with regard to these latter branches of power than with regard to legislation. There had been in the Church, from its first existence as a spiritual society, a right to govern, to decide, to adjudge for spiritual purposes; that was a true, self-governing authority; but it was not properly jurisdiction. It naturally came to be included, or rather enfolded, in the term, when for many centuries the secular arm had been in perpetual co-operation with the tribunals of the Church. The thing to be done, and the means by which it was done, were bound together; the authority and the power being always united in fact, were treated as an unity for the purposes of law. As the potentate possessing not the head but the mouth or issue of a river, has the right to determine what shall pass to or from the sea, so the State, standing between an injunction of the Church and its execution, had a right to refer that execution wholly to its own authority.
There was not contained or implied in such a doctrine any denial of the original and proper authority of the Church for its own self-government, or any assertion that it had passed to and become the property of the Crown. But that authority, though not in its source, yet in its exercise, had immersed itself in the forms of law; had invoked and obtained the aid of certain elements of external power, which belonged exclusively to the State, and for the right and just use of which the State had a separate and independent responsibility, so that it could not, without breach of duty, allow them to be parted from itself. It was, therefore, I submit, an intelligible and, under given circumstances, a warrantable scheme of action, under which the State virtually said: Church decrees, taking the form of law, and obtaining their full and certain effect only in that form, can be executed only as law, and while they are in process of being put into practice can only be regarded as law, and therefore the whole power of their execution, that is to say, all juris diction in matters ecclesiastical and spiritual, must, according to the doctrine of law, proceed from the fountain-head of law, namely, from the Crown. In the last legal resort there can be but one origin for all which is to be done in societies of men by force of legal power; nor, if so, can doubt arise what that origin must be.