RB 16

399 parallelly, a special bishop inc]uisition develops where the bishop and his sokemen pronounce judgements in the spiritual cases which, in course of time, grow more and more numerous. But the traditional deliberations at the ting where the bishop’s sokeman appears as a prosecutor, is not played out. In this connection the question about the means of argumentation where the council gradually replaces the older forms, was actualized, as the research has earlier observed. The connection between the different kinds of means of argumentation is far from analysed. As to the criminal law, the punishments in the form of fines, which are imposed in Church cases or in ting cases where an ecclesiastical person (bishop, dean) or institution takes the amount of the fine, are based on the secular fine law. The only difference is that the same amount or part of it goes to a spiritual prosecutor. Things are different in the special ecclesiastical forms of penalty, poena; censura where we have no earlier Scandinavian criminal- or fine law to have regard to. The ban punishments, excommunication and interdict, have been accepted in all Swedish laws. In the early writs there are no signs of conflicts as to the ban punishments. As a consequence of the Church being merged in the Swedish province community, the supremacy over the parish churches in the diocese was, as well as among other Teutonic peoples, withdrawn from the bishop. The country churches were separated from the gathered mass of property of the bishop’s cathedral and came into a directly juridical and economic dependence on their owners and/or administrators, individuals and congregations. Both what we call manor churches —churches under individual patrons — and parish churches were, more or less withdrawn form the episcopal supremacy. Various forms of transition can be proved, both with reference to the relationship church owner —bishop and the relationship manor church — parish church. The struggle about the churches between the church owners and the Church organization is a comprehensive chapter in the Middle Age Church history both in Sweden and among other Teutonic peoples. Gradually, the Influence of the Church organisation and the bishop became, also here, greater. The church ownership passed into a system of church patronage where the bishop had greater authority. By the right of presentation the authority of the church owner/parish, in connection with the appointment of priests, was reduced to presenting a proposal before the bishop.

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