Audientia episcopalis comme forme d’exercice du gouvernement dans l’Eglise antique. Une relecture de l’expérience d’Augustin

The article shows an analysis of two laws that present the legal recognition of audientia episcopalis in the Christian practice. This approach allowed to stay closer to the text and intentions of the legislator; of course, to draw the most logical conclusions. Using the already existing practice in the Church, Constantine made a law from the practice, he made a bishop not an arbitrator, but a judge with full power. These two laws seem to diminish the authority of the imperial iudex, but the exact reading causes that finally he remains the one to whom Constantine commands watching to ensure that the bishop’s decisions be are to be respected. Augustine’s experience makes us realize that, after all, the bishop-judge is first of all a pastor who performs his responsibility with difficulty.