Due sunt, inquit, leges: una publica, altera privata. Publica lex est , que a sanctis patribus scriptis est firmata, ut est lex canonum, que quidem propter transgressores est tradita [cf. Galatians 3:19]. Verbi gratia: Decretum est in canonibus, clericum non debere de suo episcopatu ad alium transire nisi commendaticiis litteris episcopi sui, quod propter criminosos constitutum est, ne videlicet infames ab aliquo episcopo suscipiantur persone. Solebant enim officia sua, cum non poterant in suo, in episcopatu altero celebrare, quod iure preceptis et scriptis detestatum est. |
Lex vero privata est, que instinctu sancti spiritus in corde scribitur, sicut de quibusdam dicit apostolus: "Qui habent legem dei scriptam in cordibus suis" et "ipsi sibi sunt lex" [cf. Romans 2:14-15]. Si quis horum in ecclesia sua sub episcopo suo proprium retinet et seculariter vivit, si afflatus spiritu sancto in aliquo monasterio se salvare voluerit, quia lege privata ducitur, nulla ratio exigit, ut a publica lege constringatur. Dignior est enim privata lex quam publica. Spiritus quidem dei lex est et qui spiritu dei aguntur, lege dei ducuntur. Et quis est, qui possit spiritui sancto digne resistere? Quisquis ergo hoc spiritu ducitur, etiam episcopo suo contradicente eat liber nostra auctoritate. Iusto enim lex non est posita [cf. 1 Timothy 1:9], et ubi spiritus domini, ibi libertas [cf. 2 Corinthians 3:17], et si spiritu dei ducimini non estis sub lege [cf. Galatians 5:18]. |
Pope
Urban II. There are, he said, two laws, one public, the other private. The public law is that which is established in writing by the holy fathers, as is canon law, which, indeed, is issued because of transgressors [cf. Galatians 3:19]. For example, it is decreed in the canons that a cleric ought not to cross from his own diocese to another without a letter of introduction from his bishop, which was constituted because of criminals, namely so that infamous persons would not be received by any bishop. For they were accustomed to celebrate their liturgies in another diocese when they could not do so in their own, which with justice is excoriated by commands and writings. But the private law is what is written in the heart by the inspiration of the Holy Spirit, just as the Apostle says of certain people: "Who have the law of God written in their hearts"; and, "They are a law to themselves" [cf. Romans 2:15-14]. If any of these people, holding his own property in his church under his bishop and living in the world, inspired by the Holy Spirit wishes to seek his salvation in some monastery, because he is led by private law no reason requires that he be constrained by public law. For private law is more worthy than public law. Indeed, the law is the Spirit of God, and those who are motivated by the Spirit of God are led by the law of God [cf. Romans 8:14]. And who is there who is able properly to resist the Holy Spirit? [cf. Acts 7:51]. Whoever, therefore, is led by this Spirit should go freely by our authority, even against the will of his bishop. For the law is not made for the just [cf. 1 Timothy 1:9], and where the Spirit of the Lord is, there is freedom [cf. 2 Corinthians 3:17], and if you are led by the Spirit of God you are not under the law [cf. Galatians 5:18].
|