By John Witte Jr., Joel A. Nichols
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The church’s canon law made regular use of the concept of individual and corporate rights (iura, the plural of ius in Latin). It defined the rights of the clergy to their liturgical offices and ecclesiastical benefices, their exemptions from civil taxes and duties, and their immunities from civil prosecution and compulsory testimony. It defined the rights of ecclesiastical organizations like parishes, monasteries, charities, and guilds to form and dissolve; to accept and reject members; to establish order and discipline; and to acquire, use, and alienate property.
678–679. 49. See details in Edwin S. Gaustad and Philip L. Barlow, New Historical Atlas of Religion in America (2001), chap. 1. 50. William Strachey and John Rolfe, quoted and discussed in Frank Lambert, The Founding Fathers and the Place of Religion in America (2003), 46. 51. “Plantation Agreement of Providence (1640)”; and “Charter of Rhode Island and Providence Plantations (1663),” in The Federal and State Constitutions, Colonial Charters, and Other Organic Laws, ed. F. Thorpe (Washington, DC, 1909), 6:3205–3206, 3211–3213.
28 This authority was symbolized in the “two swords” mentioned in passing in Luke 22:38, which medieval writers identified as a spiritual sword and a temporal sword. According to conventional medieval formulations of the two swords theory, Christ had metaphorically handed both swords to the pope, the vicar of Christ on earth. The pope and the Christian clergy wielded the spiritual sword, in part by establishing canon law rules for the governance of all Christendom. The clergy, however, were too holy to wield the temporal sword.