A Source Book for Ancient Church History Part 32

But he granted to his own religion favors similar to those enjoyed by the heathen religious systems (_a-d_), though these privileges were only for the Catholic Church, and not for heretics (_e_); and he pa.s.sed such laws as would make it possible for Christians to carry out their religious practices, _e.g._, that Christians should not be compelled to sacrifice when the laws prescribed sacrifices (_f_), that Sunday be observed (_g_), and that celibacy might be practised (_h_).

Additional source material: Eusebius, _Vita Constantini_ (PNF, ser. II, vol. I), II, 24-42. 46; IV, 18-28. Sozomen, _Hist. Ec._ (PNF, ser. II, vol. II), I, 9.

(_a_) Constantine, _Ep. ad Ccilianum_, in Eusebius, _Hist. Ec._, X, 6.

(MSG, 20:892.)

The probable date of this epistle is A. D. 313, though there is uncertainty. Text in Kirch, nn. 323 _f_.

Constantine Augustus to Ccilia.n.u.s, Bishop of Carthage. Since it is our pleasure that something should be granted in all the provinces, namely, Africa and Numidia and Mauritania, to certain ministers of the legitimate and most holy Catholic religion, to defray their expenses, I have given written instructions to Ursus, the ill.u.s.trious finance minister of Africa, and have directed him to make provision to pay to thy firmness three thousand folles.(95) Do thou, therefore, when thou hast received the above sum of money, command that it be distributed among all those mentioned above, according to the brief sent unto thee by Hosius. But if thou shouldest find that anything is wanting for the fulfilment of this my purpose in regard to all of them, thou shalt demand without hesitation from Heracleides, our treasurer, whatever thou findest to be necessary.

For I commanded him, when he was present, that if thy firmness should ask him for any money, he should see to it that it be paid without any delay.

And since I have learned that some men of unsettled mind wish to turn the people from the most holy and Catholic Church by a certain method of shameful corruption, do thou know that I gave command to Anulinus, the proconsul, and also to Patricius, vicar of the prefects, when they were present, that they should give proper attention not only to other matters, but also, above all, to this, and that they should not overlook such a thing when it happened. Wherefore if thou shouldest see any such men continuing in this madness, do thou without delay go to the above-mentioned judges and report the matter to them; that they may correct them as I commanded them when they were present. The divinity of the great G.o.d preserve thee many years.

(_b_) Constantine, _Ep. ad Anulinum_, in Eusebius, _Hist. Ec._, X, 7.

(MSG, 20:893.)

The following epistle, of the same year as the preceding to Ccilia.n.u.s, is the basis of exemptions of the clergy from public duties. The extension of these exemptions was made by the decree of 319, given below. Text in Kirch, n. 325.

Greeting to thee, our most esteemed Anulinus. Since it appears from many circ.u.mstances that when that religion is despised in which is preserved the chief reverence for the most celestial Power, great dangers are brought upon public affairs; but that when legally adopted and observed it affords most signal prosperity to the Roman name and remarkable felicity to all the affairs of men, through the divine beneficence, it seemed good to me, most esteemed Anulinus, that those men who give their services with due sanct.i.ty and with constant observance of this law to the worship of the divine religion should receive recompense for their labors. Wherefore it is my will that those within the province intrusted to thee, in the Catholic Church over which Ccilia.n.u.s presides, who give their services to this holy religion, and who are commonly called clergymen, be entirely exempted from all public duties, that by any error or sacrilegious negligence they may not be drawn away from the service due to the Deity, but may devote themselves without any hindrance to their own law. For it seems that when they show greatest reverence to the Deity the greatest benefits accrue to the State. Farewell, our most esteemed and beloved Anulinus.

(_c_) _Codex Theodosia.n.u.s_, XVI, 2, 2; A. D. 319.

By the following law the exemption of the clergy from public burdens was made universal. As many availed themselves of the clerical immunities to escape their burdens as curiales, a law was soon afterward pa.s.sed limiting access to the ministry to those in humbler social position. _V. supra_, 58 _f._

Those who in divine worship perform the services of religionthat is, those who are called clergyare altogether exempt from public obligations, so that they may not be called away from their sacred duties by the sacrilegious malice of certain persons.

(_d_) _Codex Theodosia.n.u.s_, XVI, 2, 4; A. D. 321.

The Church is hereby permitted to receive legacies. This was a recognition of its corporate character in the law, and indirectly its act of incorporation.

Every one has permission to leave when he is dying whatsoever goods he wishes to the most holy Catholic Church.

(_e_) _Codex Theodosia.n.u.s_, XVI, 5, 1; A. D. 326.

Privileges were granted only to the clergy of the Catholic or great Church as distinguished from heretics and schismatics. The State was, accordingly, forced by its exemptions and privileges granted the Church to take up a position as to heresy and schism.

See for Constantines policy toward heresy, Eusebius, _Vita Constantini_, III. 64 _ff._ (PNF, ser. II, vol. I.)

Privileges which have been bestowed in consideration of religion ought to be of advantage only to those who observe the Catholic law. It is our will that heathen and schismatics be not only without the privileges but bound by, and subject to, various political burdens.

(_f_) _Codex Theodosia.n.u.s_, XVI, 2, 5; A. D. 323.

This and the following laws were pa.s.sed to enable the Christians to escape from disadvantages in the carrying out of their religion. This law, that Christians should not be compelled to sacrifice, was enacted just before the final encounter with Licinius.

Because we have heard that ecclesiastics and others belonging to the Catholic religion are compelled by men of different religions to celebrate the sacrifices of the l.u.s.trum, we, by this decree, do ordain that if any one believes that those who observe the most sacred law ought to be compelled to take part in the rites of a strange superst.i.tion, let him, if his condition permits, be beaten with staves, but if his rank exempts him from such rigor, let him endure the condemnation of a very heavy fine, which shall fall to the State.

(_g_) _Codex Justinia.n.u.s_; III, 12, 3; A. D. 321. _Cf._ Kirch, n. 748.

Sunday is to be observed.

For the Justinian Code see below, 94, Introduction.

All judges and city people and the craftsmen shall rest upon the venerable Day of the Sun. Country people, however, may freely attend to the cultivation of the fields, because it frequently happens that no other days are better adapted for planting the grain in the furrows or the vines in trenches. So that the advantage given by heavenly providence may not for the occasion of a short time perish.

(_h_) _Codex Theodosia.n.u.s_. VIII, 16, 1. _Cf._ Kirch, n. 750.

Celibacy was favored by the Church. By the _Lex Julia et Papia Poppea_ it had been forbidden under a fine and loss of rights under wills. Childless marriages also rendered the parties liable to disabilities.

Those who are held as celibates by the ancient law are freed from the threatened terrors of the laws, and let them so live as if by the compact of marriage they were among the number of married men, and let all have an equal standing as to taking what each one deserves. Neither let any one be held childless; and let them not suffer the penalties set for this. The same thing we hold regarding women, and freely to all we loose from their necks the commands which the law placed upon them as a certain yoke. But there is no application of this benefit to husbands and wives as regards each other, whose deceitful wiles are often scarcely restrained by the appointed rigor of the law, but let the pristine authority of the law continue between such persons.

60. The Repression of Heathenism under Constantine

Constantines religious policy in respect to heathenism may have been from the first to establish Christianity as the sole religion of the Empire and to put down heathenism. If so, in the execution of that policy he proceeded with great caution, especially in the period before his victory over Licinius. It looks at times as if for a while he aimed at a parity of religions. Certain is the fact that only as conditions became more favorable to active measures of repression he increased the severity of his laws against what was of doubtful legality in heathenism, though he was statesman enough to recognize the difference in the religious conditions between the East and the West, especially as to the hold which Christianity had upon the ma.s.s of the people. While his measures in the East became constantly harsher, in the West he tolerated heathenism. The commonly received theory is that Constantine changed his policy. All the facts can be as easily understood on the hypothesis that as a statesman he had constant regard to the advisability of drastic execution of a policy which he in theory accepted and would have carried out in its entirety everywhere if he had been able.

Additional source material: Eusebius, _Vita Constantini_ (PNF), II. 44 _f._, 47 _f._, 54 _ff._

(_a_) _Codex Theodosia.n.u.s_, IX, 16, 2; A. D. 319.

Private sacrifices forbidden.