Chapter IV: The Empire And The Imperial State Church (1)

In the period extending from the accession of Constantine (311 or 324) to the death of Theodosius the Great (395), the characteristic features of the Church’s organization took definite form, and its relations to the secular authorities and the social order of the Empire were defined. Its constitution with its hierarchical organization of clergy, of courts, and synods, together with its intimate union, at least in the East, with the imperial authority, became fixed (§ 72). As the Church of the Empire, it was under the control and patronage of the State; all other forms of religion, whether pagan or Christian, schismatical or heretical, were severely repressed (§ 73). The Christian clergy, as officials in this State Church, became a class by themselves in the society of the Empire, not only as the recipients of privileges, but as having special functions in the administration of justice, and eventually in the superintendence of secular officials and secular business (§ 74). By degrees the Christian spirit influenced the spirit of the laws and the popular customs, though less than at first sight might have been expected; the rigors of slavery were mitigated and cruel gladiatorial sports abandoned (§ 75). Meanwhile popular piety was by no means raised by the influx of vast numbers of heathen into the Church; bringing with them no little of their previous modes of thought and feeling, and lacking the testing of faith and character furnished by the persecutions, they lowered the general moral tone of the Church, so that Christians everywhere were affected by these alien ideas and feelings (§ 76). The Church, however, endeavored to raise the moral tone and ideals and to work effectively in society by care for the poor and other works of benevolence, and in its regulation of marriage, which began in this period to be a favorite subject of legislation for the Church’s councils (§ 76). In monasticism this striving against the lowering forces in Christian society and for a higher type of life most clearly manifested itself, and, beginning in Egypt, organized forms of asceticism spread throughout the East and toward the end of the period to the West as well (§ 78). But monasticism was not confined to the private ascetic. The priesthood, as necessarily presenting an example of higher moral life, began to be touched by the ascetic spirit, and in the West this took the form of enforced clerical celibacy, though the custom of the East remained far less rigorous (§ 79). In presenting these lines of development, it is at times convenient to pass beyond the exact bounds of the period, so that the whole subject may be brought together at this point of the history.

§ 72. The Constitution of the State Church

The Church’s constitution received its permanent form in this period. The conciliar system was carried to its logical completion in the ecumenical council representing the entire Church and standing at the head of a system which included the provincial and patriarchal councils, at least in theory. The clergy were organized into a hierarchy which rested upon the basis of the single bishop in his diocese, who had under him his clergy, and culminated in the patriarchs placed over the great divisions of the State Church, corresponding to the primary divisions of the Empire. The Emperor assumed the supreme authority in the Church, and the foundation was laid for what became under Justinian Cæsaropapism. By the institution of the hierarchical gradation of authority and jurisdiction, for the most part corresponding to the political and administrative divisions of the Empire, the Church both assumed a rigidly organized form and came more easily under the control of the secular authority.

(A) The Ecumenical Council

The Council of Nicæa was held before there was any definition of the place of an ecumenical council. Many councils were held during the Arian controversy that were quite as representative. It was taken for granted that the councils were arranged in a scale of authority corresponding to the extent of the Church represented. The first clear statement of this principle is at the Council of Constantinople A. D. 382.

Council of Constantinople, A. D. 382, _Canon_ 2. Text, Hefele, § 98.

The so-called second general council was held in 381, but in the
next year nearly the same bishops were called together by
Theodosius (_cf._ Theodoret, _Hist. Ec._, V. 9). In a letter
addressed to the Western bishops at a council at Rome this council
speaks of their previous meeting at Constantinople in 381 as being
an ecumenical council. The query suggests itself whether,
considering the fact that it actually only represented the East
and did represent more than one patriarchate, “ecumenical” might
not be understood as being used in a sense similar to that in
which the African bishops spoke of their councils as
_universalis_. See Hefele, § 100, note.

The following canon is printed as the sixth canon of
Constantinople, A. D. 381, in Hefele and the other collections,
_e.g._, Bruns and Percival.

… If persons who are neither heretics, nor excommunicated, nor condemned, nor charged with crime claim to have a complaint in matters ecclesiastical against the bishop,(124) the holy synod commands such to bring their charges first before all the bishops of the province, and to prove before them the charges against the accused bishop. But should it happen that the comprovincials be unable to settle the charges alleged against the bishop, the complainants shall have recourse then to the larger synod of the bishops of that diocese,(125) who shall be called together on account of the complaint; and the complainants may not bring their complaint until they have agreed in writing to take upon themselves the same punishment which would have fallen upon the accused, in case the complainants in the course of the matter should be proved to have brought a false charge against the bishop. But if any one, holding in contempt these directions, venture to burden the ear of the Emperor, or the tribunals of the secular judges, or disturb an ecumenical synod,(126) dishonoring the bishops of their patriarchal province, such shall not be admitted to make complaint, because he despises the canons and violates the Church’s order.

(B) The Hierarchical Organization

(_a_) Council of Nicæa, A. D. 325, _Canons_. Text, Hefele, § 42. _Cf._ Kirch, nn. 364-368.

Canons of organization.

Canon 4 regulates the ordinations of bishops; Canon 5 orders that
excommunications in one diocese shall hold good everywhere; Canon
6 defines the larger provincial organization which eventually
resulted in the patriarchates; Canon 7 defines the position of the
bishopric of Jerusalem; Canons 15 and 16 place the bishops
permanently in their sees and the clergy under their own proper
bishop.

Canon 4. It is by all means proper that a bishop should be appointed by all the bishops in the province; but should this be difficult, either on account of urgent necessity or because of distance, three at least should assemble, and the suffrages of the absent should also be given and communicated in writing, and then the ordination should take place. But in every province the ratification of what is done should be left to the metropolitan.

Canon 5. Concerning those, whether of the clergy or of the laity, who have been excommunicated in the several provinces, let the provisions of the canon be observed by the bishops which provides that persons cast out by some be not readmitted by others.… Nevertheless, inquiry should be made whether they have been excommunicated through captiousness, or contentiousness, or any such like ungracious disposition in the bishops. And that this matter may have due investigation, it is decreed that in every province synods shall be held twice a year, in order that when all the bishops of the province are assembled together, such questions may be thoroughly examined by them, that so those who have confessedly offended against their bishop may be seen by all to be for just causes excommunicated, until it shall appear fit to a general meeting of the bishops to pronounce a milder sentence upon them. And let these synods be held, the one before Lent (that the pure gift may be offered to God after all bitterness has been put away) and let the second be held about autumn.

Canon 6. Let the ancient customs in Egypt, Libya, and Pentapolis prevail, that the bishop of Alexandria shall have jurisdiction in all these, since the like is customary for the bishop of Rome also.(127) Likewise in Antioch and the other provinces, let the churches retain their privileges. And this is to be universally understood, that if any one be made bishop without the consent of his metropolitan, the great synod has declared that such a man ought not to be bishop. If, however, two or three bishops shall, from natural love of contradiction, oppose the common suffrage of the rest, it being reasonable and in accordance with the ecclesiastical law, then let the choice of the majority prevail.

Canon 7. Since custom and ancient tradition have prevailed that the bishop of Ælia [_i.e._, Jerusalem] should be honored, let him, saving its due dignity to the metropolis, have the next place of honor.

Canon 15. On account of the great disturbance and discords that occur, it is decreed that the custom prevailing in certain places contrary to the canon must wholly be done away; so that neither bishop, presbyter, nor deacon shall pass from city to city. And if any one, after this decree of the holy and great synod, shall attempt any such thing or continue in such course, his proceedings shall be utterly void, and he shall be restored to the church for which he was ordained bishop or presbyter.

Canon 16. Neither presbyters, nor deacons, nor any others enrolled among the clergy, who, not having the fear of God before their eyes, nor regarding the ecclesiastical canon, shall recklessly remove from their own church, ought by any means to be received by another church; but every constraint should be applied to restore them to their own parishes;(128) and, if they will not go, they must be excommunicated. And if one shall dare surreptitiously to carry off and in his own church ordain a man belonging to another, without the consent of his own proper bishop from whom, although he was enrolled in the clergy list, he has seceded, let the ordination be void.

(_b_) Synod of Antioch, A. D. 341. _Canons_, Bruns, I, 80 _f._, _Cf._ Kirch, nn. 439 _ff._

For the Council of Antioch, see § 65, _c_. These canons on
discipline were held in highest authority in the Church, although
enacted by Arians whose creed was rejected. They obtained this
position in the law of the Church because they carried further the
natural line of development long since taken in the ecclesiastical
system. _Cf._ Hefele, § 56.

Canon 2. All who enter the Church of God and hear the Holy Scriptures, but do not communicate with the people in prayers, or who turn away, by reason of some disorder, from the holy partaking of the eucharist, are to be cast out of the Church until, after they shall have made confession, have brought forth fruits of penance, and have made earnest entreaty, they shall have obtained forgiveness; and it is unlawful to communicate with excommunicated persons, or to assemble in private houses and pray with those who do not pray in the Church; or to receive in one church those who do not assemble with another church. And if any one of the bishops, presbyters, or deacons, or any one in the canon shall be found communicating with excommunicated persons, let him also be excommunicated, as one who brings confusion on the order of the Church.

Canon 3. If any presbyter or deacon or any one whatever belonging to the priesthood shall forsake his own parish and shall depart, and, having wholly changed his residence, shall set himself to remain for a long time in another parish, let him no longer officiate; especially if his own bishop shall summon and urge him to return to his own parish, and he shall disobey. And if he persist in his disorder, let him be wholly deposed from his ministry, so that no further room be left for his restoration. And if another bishop shall receive a man deposed for this cause, let him be punished by the common synod as one who nullifies the ecclesiastical laws.

Canon 4. If any bishop be deposed by a synod, or any presbyter or deacon, who has been deposed by his bishop, shall presume to execute any part of the ministry, whether it be a bishop according to his former function, or a presbyter, or a deacon, he shall no longer have any prospect of restoration in another synod, nor any opportunity of making his defence; but they who communicate with him shall be cast out of the Church, and particularly if they have presumed to communicate with the persons aforementioned, knowing the sentence pronounced against them.

Canon 6. If any one has been excommunicated by his own bishop, let him not be received by others until he has either been restored by his own bishop, or until, when a synod is held, he shall have appeared and made his defence, and, having convinced the synod, shall have received a different sentence. And let this decree apply to the laity, and to the presbyters and deacons, and all who are enrolled in the clergy list.

Canon 9. It behooves the bishops in each province to acknowledge the bishop who presides in the metropolis, and who has to take thought of the whole province; because all men of business come together from every quarter to the metropolis. Wherefore it is decreed that he have precedence in rank, and that the other bishops do nothing extraordinary without him, according to the ancient canon which prevailed from the time of our fathers, or such things only as pertain to their own particular parishes and the districts subject to them. For each bishop has authority over his own parish, both to manage it with piety, which is incumbent on every one, and to make provision for the whole district which is dependent upon his city; to ordain presbyters and deacons; and to settle everything with judgment. But let him not undertake anything further without the bishop of the metropolis; neither the latter without the consent of the others.

Canon 10. The holy synod decrees that those [bishops] living in village and country districts, or those who are called chorepiscopi, even though they have received ordination to the episcopate, shall regard their own limits and manage the churches subject to them, and be content with the care and administration of these; but they may ordain readers, subdeacons, and exorcists, and shall be content with promoting these; but they shall not presume to ordain either a presbyter or a deacon, without the consent of the bishop of the city to which he and his district are subject. And if he shall dare to transgress these decrees, he shall be deposed from the rank which he enjoys. And a chorepiscopus is to be appointed by the bishop of the city to which he is subject.

(_c_) Council of Sardica, A. D. 343 or 344, _Canons_, Bruns, I, 88. _Cf._ Mirbt, n. 113, and Kirch, nn. 448 _ff._

The Council of Sardica was intended to be composed of
representatives from the entire Empire who might be able to settle
once and for all the Arian question. It met at Sardica on the
boundary between the two divisions of the Empire as they were then
defined. The Eastern ecclesiastics, strongly Arian, found
themselves outnumbered by the Western bishops who supported
Athanasius and the Nicene definition of faith. The Eastern
representatives withdrew to Philippopolis near by, and held their
own council. The following canons were intended to provide a
system of appeal for cases like that of Athanasius, and although
they do not seem to have been acted upon enough to have become a
part of the Church’s system, yet they were of great importance
inasmuch as subsequently they were used as late as the ninth
century for a support to a wholly different system of appeals.
These canons were very early attributed to the Council of Nicæa A.
D. 325.

Canon 3. Bishop Hosius said: This, also, it is necessary to add—that bishops shall not pass from their own province to another province in which there are bishops, unless perchance they are invited by their brethren, that we seem not to close the door to charity. But if in any province a bishop have an action against his brother bishop, neither shall call in as judge a bishop from another province. But if judgment shall have gone against any bishop in a case, and he think that he has a good case, in order that the question may be heard, let us, if it be your pleasure, honor the memory of St. Peter the Apostle, and let those who have tried the case write to Julius, the bishop of Rome, and if he shall decide that the case should be retried, let it be retried, and let him appoint judges; but if he shall be satisfied that the case is such that what has been done should not be disturbed, what has been decreed shall be confirmed.

Is this the pleasure of all? The synod answered: It is our pleasure.

Canon 4. Bishop Gaudentius said: If it please you, it is necessary to add to this sentence, which full of sincere charity thou hast pronounced, that if any bishop has been deposed by the judgment of those bishops who happened to be in the vicinity, and he asserts that he has fresh matter in defence, a new bishop is not to be settled in his see, unless the bishop of Rome judge and render a decision as to this.

_Latin Version of Canon 4._ Bishop Gaudentius said: If it please you, there ought to be added to this sentence, which full of holiness thou hast pronounced, that if any bishop has been deposed by the judgment of those bishops who dwell in the vicinity, and he asserts that the business ought to be conducted by him in the city of Rome, another bishop should in nowise be ordained in his see after the appellation of him who appears to have been deposed, unless the cause shall have been determined by the judgment of the bishop of Rome.

Canon 5.(129) Bishop Hosius said: Let it be decreed that if a bishop shall have been accused and the assembled bishops of the same region shall have deposed him from his office, and he, so to speak, appeals and takes refuge with the bishop of the Roman Church and wishes to be heard by him, if he(130) think it right to renew the examination of his case, let him be pleased to write to those of fellow-bishops who are nearest the province that they may examine the particulars with care and accuracy and give their votes on the matter in accordance with the word of truth. And if any one demand that his case be heard yet again, and at his request it seems good to the bishop of Rome to send presbyters from his own side, let it be in the power of that bishop, according as he judges it to be good and decides it to be right, that some be sent to be judges with the bishops and invested with his authority by whom they were sent. And be this also ordained. But if he thinks that they [the bishops] are sufficient for the hearing and determining of the matter of the bishop, let him do what shall seem good in his most prudent judgment.

The bishops answered: What has been said is approved.

(_d_) Gratian and Valentinian, _Rescript_; A. D. 378. (MSG, 13:586.) Mirbt, nn. 118, _f._

This rescript was sent in answer to a petition addressed to the
emperors by a Roman council under Damasus. It is, therefore, found
connected with an epistle in the works of Damasus. It does not
seem to have been the foundation of any claim or to have played
any considerable part in the development of the Roman primacy. It
is of importance in the present connection as illustrating the
part emperors took in the internal affairs of the Church. For
Damasus and the disturbances in connection with his election, _v.
infra_, § 74, _a_. The rescript may be found in Mansi, III, 624;
Hardouin, I, 842; and in Gieseler, I, 380.

6. If any one shall have been condemned by the judgment of Damasus, which he shall have delivered with the council of five or seven bishops, or by the judgment or council of those who are Catholics, and if he shall unlawfully attempt to retain his church,(131) in order that such a one, who has been called to the priestly judgment, shall not escape by his contumacy, it is our will that such a one be remitted by the illustrious prefects of Gaul and Italy, either by the proconsul or the vicars, use having been made of due authority, to the episcopal judgment, and shall come to the city of Rome under an escort; or if such insolence of any one shall appear in parts very far distant, the entire pleading of his case shall be brought to the examination of the metropolitan of the province in which the bishop is, or if he himself is the metropolitan, then of necessity he shall hasten without delay to Rome, or to those whom the Roman bishop shall assign as judges, so that whoever shall have been deposed shall be removed from the confines of the city in which they were priests. For we punish those who deserve punishment less severely than they deserve, and we take vengeance upon their sacrilegious stubbornness more gently than it merits. And if the unfairness or partiality of any metropolitan, bishop, or priest is suspected, it is allowed to appeal to the Roman bishop or to a council gathered of fifteen neighboring bishops, but so that after the examination of the case shall have been concluded what was settled shall not be begun over again.

(_e_) _Codex Theodosianus_, XVI, 1, 2; Feb. 27, A. D. 380. _Cf._ Kirch, n. 755.

The following edict was issued by Gratian, Valentinian and
Theodosius, requiring the acceptance of the orthodox faith by all
subjects. In other words, the emperors, following the example of
Constantius and Valens in enforcing Arianism, are now enforcing
the Nicene theology. Sozomenus, _Hist. Ec._, VII, 4, gives the
circumstances under which this edict was issued.

It is our will that all the peoples whom the government of our clemency rules shall follow that religion which a pious belief from Peter to the present declares the holy Peter delivered to the Romans, and which it is evident the pontiff Damasus and Peter, bishop of Alexandria, a man of apostolic sanctity, follow; that is, that according to the apostolic discipline and evangelical doctrine we believe in the deity of the Father and the Son and the Holy Ghost of equal majesty, in a holy trinity. Those who follow this law we command shall be comprised under the name of Catholic Christians; but others, indeed, we require, as insane and raving, to bear the infamy of heretical teaching; their gatherings shall not receive the name of churches; they are to be smitten first with the divine punishment and after that by the vengeance of our indignation, which has the divine approval.

(_f_) _Codex Theodosianus_, XVI, 1, 3.

Gratian, Valentinian, and Theodosius to Auxonius, proconsul of
Asia.

To enforce still further the principles of Nicene orthodoxy
certain bishops were named as teachers of the true faith,
communion with whom was a test of orthodoxy.

We command that all churches be forthwith delivered up to the bishops who confess the Father, the Son, and the Holy Ghost to be of one majesty and power; of the same glory and of one splendor, making no distinction by any profane division, but rather harmony by the assertion of the trinity of the persons and the unity of the Godhead, to the bishops who are associated in communion with Nectarius, bishop of the Church of Constantinople, and with Timotheus in Egypt, bishop of the city of Alexandria; in the parts of the Orient, who are in communion with Pelagius, bishop of Laodicæa and Diodorus, bishop of Tarsus; in proconsular Asia and in the diocese of Asia, who are in communion with Amphilochius, bishop of Iconium, and Optimus, bishop of Antioch; in the diocese of Pontus, who are in communion with Helladius, bishop of Cæsarea, and Otreius, bishop of Melitina, and Gregory, bishop of Nyssa, Terennius, bishop of Scythia, Marmarius, bishop of Marcianopolis. Those who are of the communion and fellowship of approved priests(132) ought to be admitted to possess the Catholic churches; but all who dissent from the communion of the faith of those whom the special list has named ought to be expelled from the churches as manifest heretics; and no opportunity whatsoever ought to be allowed them henceforth of obtaining episcopal churches(133) that the priestly orders of the true and Nicene faith may remain pure and no place be given to evil cunning, according to the evident form of our precept.

(_g_) Council of Constantinople, A. D. 381. _Address to Theodosius._ See Mansi, III, 557.

The following letter illustrates the relation of the councils in
the East to the imperial authority. The emperors called the
various general councils, directed their discussions and confirmed
the results. In this way their findings were given the force of
laws and authority throughout the Church. _V. infra_, §§ 90, 91.

To the most religious Emperor Theodosius, the holy synod of bishops assembled in Constantinople out of different provinces.

We begin our letter to your Piety with thanks to God, who has established the Empire of your Piety for the common peace of the churches and for the support of the true faith. And, after rendering due thanks unto God, as in duty bound, we lay before your Piety the things which have been done in the holy synod. When, then, we had assembled in Constantinople, according to the letter of your Piety, we first of all renewed our unity of heart each with the other, and then we pronounced some concise definitions, ratifying the faith of the Nicene Fathers, and anathematizing the heresies which have sprung up contrary thereto. Besides these things, we also framed certain canons for the better ordering of the churches, all which we have subjoined to this our letter. We therefore beseech your Piety that the decree of the synod may be ratified, to the end that as you have honored the Church by your letter of citation, so you should set your seal to the conclusion of what has been decreed. May the Lord establish your Empire in peace and righteousness, and prolong it from generation to generation; and may He add unto your earthly powers the fruition of the heavenly kingdom also. May God, by the prayers of the saints, show favor to the world, that you may be strong and eminent in all good things as an Emperor most truly pious and beloved of God.

(_h_) Synod of Antioch, A. D. 341, _Canons_, Bruns, I, 80.

The following canons passed at Antioch are the first touching a
habit which they did little to correct. The so-called sixth canon
of Constantinople, 381, in reality a canon of the council of the
next year, took up the matter again. All through the great
controversies appeals were constantly made to the emperors
because, after all, they alone had the authority. _Cf._ Hefele, §
56.

Canon 11. If any bishop, or presbyter, or any one whatever of the canon shall presume to betake himself to the Emperor without the consent and letters of his bishop of the province and particularly of the bishop of the metropolis, such a one shall be publicly deposed and cast out, not only from the communion, but also from the rank which he happens to have had; inasmuch as he dares to trouble the ears of our Emperor, beloved of God, contrary to the law of the Church. But, if necessary business shall require any one to go to the Emperor, let him do it with the advice and consent of the metropolitan and other bishops in the province, and let him undertake his journey with the letters from them.

Canon 12. If any presbyter or deacon deposed by his own bishop, or any bishop deposed by a synod, shall dare trouble the ears of the Emperor, when it is his duty to submit his case to a greater synod of bishops, and to refer to more bishops the things which he thinks right, and to abide by the examination and decision made by them; if, despising these, he shall trouble the Emperor, he shall be entitled to no pardon, neither shall he have opportunity of defence, nor any hope of future restoration.

§ 73. Sole Authority of the State Church

When Theodosius had successfully forced upon the East the theology of Nicæa, his policy as to religious matters was manifest. No longer was heresy to be allowed. Laws were to control opinion in the same way that they did conduct. The old plea of the persecuted Christians under the heathen Roman Empire, _religio non cogi potest_, was completely forgotten. As Christianity was the one sole religion of divine character, based upon the unique divine act of the incarnation, it was folly to allow men to continue in heathenism—it might even be dangerous to the State to allow them, as it might bring down the just vengeance of God. With this policy the populace was completely in accord, especially when it led to the plunder and destruction of heathen sanctuaries, and many of the more zealous of the clergy were willing to lead in the assault. In these ways the State Church obtained a two-fold exclusive authority: as regards heathenism, and as regards heresy.

(_a_) _Codex Theodosianus._

Laws regarding heathenism.

XVI, 10, 14; A. D. 399.

Whatever privileges were conceded by the ancient laws to the priests, ministers, prefects, hierophants of sacred things, or by whatsoever name they may be designated, are to be abolished henceforth, and let them not think that they are protected by a granted privilege when their religious confession is known to have been condemned by the law.

XVI, 10, 16; A. D. 399.

If there are temples in the fields, let them be destroyed without crowd or tumult. For when these have been thrown down and carried away, the support of superstition will be consumed.

XVI, 10, 15; A. D. 399.

This law appears again in the _Cod. Just._, I, 13, 3, for it
appears to have been necessary even as late as the sixth century
to prevent unauthorized destructions of temples which were in the
cities and might be fairly regarded as ornaments to the city.

We prohibit sacrifices yet so that we wish that the ornaments of public works to be preserved. And that those who attempt to overthrow them may not flatter themselves that it is with some authority, if any rescript or, perchance, law is alleged, let these documents be taken from their hands and referred to our knowledge.

XVI, 10, 21; A. D. 416.

Those who are polluted by the error or crime of pagan rites are not to be admitted to the army nor to receive the distinction and honor of administrator or judge.

XVI, 10, 23; A. D. 423.

Although the pagans that remain ought to be subjected to capital punishment if at any time they are detected in the abominable sacrifices of demons, let exile and confiscation of goods be their punishment.

XVI, 10, 24; A. D. 423. (Retained in _Cod. Just._, I, 11, 16.)

The Manichæans and those who are called Pepyzitæ [Montanists] and also those who by this one opinion are worse than all heretics, in that they dissent from all as to the venerable day of the Easter festival, we subject to the same punishment, viz.: confiscation of goods and exile, if they persist in the same unreason. But this we especially demand of Christians, both those who are really such and those who are called such, that they presume not, by an abuse of religion, to lay hands upon the Jews and pagans who live peaceably and who attempt nothing riotous or contrary to the laws. For if they should do violence to them living securely and take away their goods, let them be compelled to restore not merely what they have taken away but threefold and fourfold. Let the rectors of provinces, officials, and provincials know that if they permit these things to be done, they themselves will be punished, as well as those who do them.

(_b_) Theodoret, _Hist. Ec._, V, 29. (MSG, 82:1256.)

The destruction of temples.

The following passage is illustrative of the temper of those who
took part in the destruction of heathen sanctuaries. The imperial
edicts for these acts were obtained in 399. Chrysostom, the leader
in the movement, fairly represents the best thought and temper of
the Church.

On receiving information that Phœnicia was still suffering from the madness of the demons’ rites, he [John Chrysostom] got together some monks fired with divine zeal and despatched them, armed with imperial edicts, against the idols’ shrines. He did not draw from the imperial treasury the money to pay the craftsmen and their assistants who were engaged in the work of destruction, but he persuaded certain faithful and wealthy women to make liberal contributions, pointing out to them how great would be the blessing their generosity would win. Thus the remaining shrines of the demons were utterly destroyed.

(_c_) Socrates, _Hist. Ec._, VII, 15. (MSG, 67:768.)

The murder of Hypatia.

The fearful murder of Hypatia represents another aspect of the
opposition to heathenism, in which the populace seconded the
efforts of the authorities in a policy of extirpating paganism.

There was a woman in Alexandria named Hypatia. She was the daughter of the philosopher Theon, and she had attained such a proficiency in literature and science as to surpass by far all the philosophers of her own time. Having succeeded to the Platonic school, which had come down from Plotinus, she explained all the principles of philosophy to her auditors. Therefore many from all sides, wishing to study philosophy, came to her. On account of the self-possession and ease of manner which she had acquired by her study, she not infrequently appeared with modesty in the presence of magistrates. Neither did she feel abashed in entering an assembly of men. For all men, on account of her extraordinary dignity and virtue, admired her the more. Against her envious hostility arose at that time. For as she had frequent interviews with Orestes [governor of Alexandria] it was calumniously reported among the Christian populace that it was she who prevented Orestes from being reconciled to the bishop [Cyril]. Some men of this opinion and of a hot-headed disposition, whose leader was a reader named Peter, waylaid her returning home. Dragging her from her carriage they took her to the church called Cæsareum. There they completely stripped her and murdered her with tiles. When they had torn her in pieces, they took her mangled limbs to a place called Cinaron, and there they burnt them. This affair brought no little opprobrium, not only upon Cyril but also upon the whole Alexandrian Church. And surely murders, fights, and actions of that sort are altogether alien to those who hold the things of Christ. These things happened in the fourth year of the episcopate of Cyril [415].

(_d_) Socrates, _Hist. Ec._, VII, 11. (MSG, 67:757.)

Novatians and the Church at the beginning of the fifth century.

Socrates is the principal authority for the later history of the
Novatians. It is probable that his interest in them and evident
sympathy for them were due to some connection with the sect,
perhaps in his early years, and he gives many incidents in their
history, otherwise unknown.

After Innocent [401-417], Zosimus [417-418] governed the Roman Church for two years, and after him Boniface [418-422] presided over it for three years. Celestinus [422-432] succeeded him, and this Celestinus took away the churches from the Novatians at Rome and obliged Rusticula, their bishop, to hold his meetings secretly in private houses. Until this time the Novatians had flourished exceedingly in Rome, having many churches there and gathering large congregations. But envy attacked them there, also, as soon as the Roman episcopate, like that of Alexandria, extended itself beyond the limits of ecclesiastical jurisdiction, and degenerated into its present state of secular domination. And for this cause the bishops would not suffer even those who agreed with them in matters of faith to enjoy the privileges of assembling in peace, but stripping them of all they possessed, praised them merely for these agreements in faith. The bishops of Constantinople kept themselves free from this sort of conduct; in so much as in addition to tolerating them and permitting them to hold their assemblies within the city, as I have already stated,(134) they treated them with every mark of Christian regard.

(_e_) _Codex Theodosianus_, XVI, 5, 40; A. D. 407.

Edict of Arcadius and Honorius against the Manichæans and other
heretics. (Retained in _Cod. Just._, I, 5, 4.) _Cf._ Mirbt, n.
155.

What we have thought concerning the Donatists we have recently set forth. Especially do we pursue, with well-merited severity, the Manichæans, the Phrygians, and the Priscillianists,(135) since men of this sort have nothing in common with others, neither in custom nor laws. And first we declare that their crime is against the State, because what is committed against the divine religion is held an injury of all. And we will take vengeance upon them by the confiscation of their goods, which, however, we command shall fall to whomsoever is nearest of their kindred, in ascending or descending lines or cognates of collateral branches to the second degree, as the order is in succession to goods. Yet it shall be so that we suffer the right to receive the goods to belong to them, only if they themselves are not in the same way polluted in their conscience. And it is our will that they be deprived of every grant or succession from whatever title derived. In addition, we do not leave to any one convicted of this crime the right of giving, buying, selling, or finally of making a contract. The prosecution shall continue till death. For if in the case of the crime of treason it is lawful to attack the memory of the deceased, not without desert ought he to endure condemnation. Therefore let his last will and testament be invalid, whether he leave property by testament, codicil, epistle, or by any sort of will, if ever he has been convicted of being a Manichæan, Phrygian, or Priscillianist, and in this case the same order is to be followed as in the grades above stated; and we do not permit sons to succeed as heirs unless they forsake the paternal depravity; for we grant forgiveness of the offence to those repenting. We will that slaves be without harm if, rejecting their sacrilegious master, they pass over to the Catholic Church by a more faithful service. Property on which a congregation of men of this sort assemble, in case the owner, although not a participator in the crime, is aware of the meeting and does not forbid it, is to be annexed to our patrimony; if the owner is ignorant, let the agent or steward of the property, having been punished with scourging, be sent to labor in the mines, and the one who hires the property, if he be a person liable to such sort of punishment, be deported. Let the rectors of provinces, if by fraud or force they delay the punishment of these crimes when they have been reported, or if conviction have been obtained neglect punishment, know that they will be subject to the fine of twenty pounds of gold. As for defensors and heads of the various cities and the provincial officials, a penalty of ten pounds is to compel them to do their duty, unless performing those things which have been laid down by the judges in this matter, they give the most intelligent care and the most ready help.

(_f_) Leo the Great, _Epistula_ 7. (MSL, 54:620.)

Manichæanism in Rome.

This epistle, addressed to the bishops throughout Italy, shows the
way in which zealous bishops could, and were expected to,
co-operate with the secular authorities in putting down heresy.

Leo the Great [440-461], the greatest of the popes before Gregory
the Great, was equally great as an ecclesiastical statesman, as
theologian, and universally acknowledged leader of the Roman
people in the times of the invasions of Attila and Genseric.
Without being the creator of the papal idea, he was able so to
gather up the elements that had been developed by Siricius,
Innocent, and others, as to give it a classical expression that
almost warrants one in describing him as the first of the popes in
the later sense of that term. His literary remains consist of
sermons, of which ninety-six are genuine, in which, among other
matters, he sets forth his conception of the Petrine prerogative
(see below, § 87, _b_), and letters in which he deals with the
largest questions of ecclesiastical politics, especially in the
matter of the condemnation of Monophysitism at the Council of
Chalcedon. See below, § 91.

Our search has discovered in the city a great many followers and teachers of the Manichæan impiety, our watchfulness has proclaimed them, and our authority and censure have checked them: those whom we could reform we have corrected and driven to condemn Manichæus with his preachings and teachings, by public confession in the Church, and by the subscription of their own hands; and thus we have lifted those who have acknowledged their fault from the pit of their impiety, by granting them opportunity for repentance. But some who had so deeply involved themselves that no remedy could assist them have been subjected to the laws, in accordance with the constitutions of our Christian princes, and lest they should pollute the holy flock by their contagion, have been banished into perpetual exile by the public judges. And all the profane and disgraceful things which are found, as well in their writings as in their secret traditions, we have disclosed and clearly proved to the eyes of Christian laity, that the people might know what to shrink from or avoid; so that he that was called their bishop was himself tried by us and betrayed the criminal views which he held in his mystic religion, as the record of our proceedings can show you. For this, too, we have sent you for instruction; and after reading them you will be able to understand all the discoveries we have made.

And because we know that some of those who are involved here in too close an accusation for them to clear themselves have fled, we have sent this letter to you, beloved, by our acolyte; that your holiness, dear brothers, may be informed of this, and see fit to act more diligently and cautiously, lest the men of Manichæan error be able to find opportunity of hurting your people and of teaching these impious doctrines. For we cannot otherwise rule those intrusted to us unless we pursue, with the zeal of faith in the Lord, those who are destroyers and destroyed; and with what severity we can bring to bear, cut them off from intercourse with sound minds, lest this pestilence spread much wider. Wherefore I exhort you, beloved, I beseech and warn you to use such watchful diligence as you ought and can employ in tracking them out lest they find opportunity of concealment anywhere.

(_g_) Leo the Great, _Epistula_ 15. (MSL, 54:680.)

An account of the tenets of the Priscillianists. Leo is answering
a letter sent him by Bishop Turribius of Asturia, in which that
bishop had given him statements about the faith of these
sectaries. It appears that these statements which Leo quotes and
refutes in brief are not wholly correct and that the
Priscillianists were far from being as heretical as they have been
commonly represented. See articles in the recent encyclopædias,
_e.g._, New Schaff-Herzog, and Encyclopædia Britannica, 11th ed.
The change in opinion is due to the discovery of writings of
Priscillian himself. Nevertheless, these statements, defective as
they may be, represent the opinion of the times as to these
heretics and the general attitude toward what was regarded as
heretical and savoring of Manichæanism.(136)

1. And so under the first head is shown what impious views they hold about the divine Trinity; they affirm that the person of the Father, the Son, and the Holy Ghost is one and the same, as if the same God were named now Father, now Son, now Holy Ghost; and as if He who begat were not one, He who was begotten another, and He who proceedeth from both yet another; but an undivided unity must be understood, spoken of under three names, but not consisting of three persons.…

2. Under the second head is displayed their foolish and empty fancy about the issue of certain virtues from God which He began to possess, and which were posterior to God in His own essence.…

3. Again the language of the third head shows that these same impious persons assert that the Son of God is called “only begotten” for this reason that He alone was born of a virgin.…

4. The fourth head deals with the fact that the birthday of Christ, which the Catholic Church venerates as His taking on Him the true man, because “the Word became flesh and dwelt among us,” is not truly honored by these men, but they pretend that they honor it, for they fast on that day, as they do also on the Lord’s Day, which is the day of Christ’s resurrection. No doubt they do this because they do not believe that Christ the Lord was truly born in man’s nature, but maintain that by a sort of illusion there was an appearance of what was not a reality.

5. Their fifth head refers to their assertion that man’s soul is a part of the divine substance, and that the nature of our human state does not differ from its Creator’s nature.…

6. The sixth points out that they say that the devil never was good and that his nature is not God’s handiwork, but that he came forth of chaos and darkness.…

7. In the seventh place follows that they condemn marriage and are horrified at begetting children, in which, as in nearly all things, they agree with the profanity of the Manichæans.

8. Their eighth point is that the formation of men’s bodies is the device of the devil and that the seed of conception is shaped by the aid of demons in the womb.…

9. The ninth notice declares that they say that the sons of promise are born, indeed, of women, conceived by the Holy Spirit; lest the offspring that is born of carnal seed should seem to share in God’s estate.…

10. Under the tenth head they are reported as asserting that the souls which are placed in men’s bodies have previously been without a body and have sinned in their heavenly habitation and for this reason have fallen from their high estate to a lower one alighting upon ruling spirits of divers qualities, and after passing through a succession of powers of the air and stars, some fiercer, some milder, are enclosed in bodies of different sorts and conditions, so that whatever variety and inequality is meted out to us in this life, seems the result of previous causes.…

11. Their eleventh blasphemy is that in which they suppose that both the souls and bodies of men are under the influence of fatal stars.…

12. The twelfth of these points is this: that they map out the parts of the soul under certain powers and the limbs under others; and they suggest the characters of the inner powers that rule the soul by giving them the names of the patriarchs; and on the other hand, they attribute the signs of the stars to those under which they put the body.

§ 74. The Position of the State Church in the Social Order of the Empire

The elevation of the Church exposed the Church to worldliness whereby selfish men, or men carried away with partisan zeal, took advantages of its privileges or contended fiercely for important appointments. The clergy all too frequently ingratiated themselves with wealthy members of their flocks that they might receive from them valuable legacies, an abuse which had to be corrected by civil law; factional spirit occasionally led to bloodshed in episcopal elections. But on the other hand the Church was employed by the State in an important work which properly belonged to the secular administration, viz., the administration of justice in the episcopal courts of arbitration, for which see _Cod. Just._, I, tit. 3, _de Episcopali Audientia_; _cf._ E. Loening, _Geschichte des deutschen Kirchenrechts_, vol. I; and in the supervision of civil officials in the expenditures of funds for public improvements. These are but instances of their large public activity according to law.

(_a_) Ammianus Marcellinus, _Hist. Rom._, XXVII, 3, §§ 12 _ff._ _Cf._ Kirch, nn. 607 _ff._

Damasus and Ursinus.

The strife which attained shocking proportions in connection with
the election of Damasus seems to have been connected with the
schism at Rome occasioned by the attitude of Liberius in the Arian
controversy. Damasus proved one of the ablest bishops that Rome
ever had in the ancient Church. For aid in overcoming the
partisans of Ursinus a Roman council appealed to the Emperor
Gratian, whose answer is given in part above, § 72, _e_.

12. Damasus and Ursinus, being both immoderately eager to obtain the bishopric, formed parties and carried on the conflict with great asperity, the partisans of each carrying their violence to actual battle, in which men were wounded and killed. And as Juventius, prefect of the city, was unable to put an end to it, or even to soften these disorders, he was at last by their violence compelled to withdraw to the suburbs.

13. Ultimately Damasus got the best of the strife by the strenuous efforts of his partisans. It is certain that on one day one hundred and thirty-seven dead bodies were found in the Basilica of Sicinus, which is a Christian church. And the populace who had thus been roused to a state of ferocity were with great difficulty restored to order.

14. I do not deny, when I consider the ostentation that reigns at Rome, that those who desire such rank and power may be justified in laboring with all possible exertion and vehemence to obtain their wishes; since after they have succeeded, they will be secure for the future, being enriched by offerings of matrons, riding in carriages, dressing splendidly, and feasting luxuriously, so that their entertainments surpass even royal banquets.

15. And they might be really happy if, despising the vastness of the city which they excite against themselves by their vices, they were to live in imitation of some of the priests in the provinces, whom the most rigid abstinence in eating and drinking, and plainness of apparel, and eyes always cast on the ground, recommend to the everlasting Deity and His true worshippers as pure and sober-minded men.

(_b_) _Codex Theodosianus_, XVI, 2, 20; A. D. 370. _Cf._ Kirch, n. 759.

The following law is only one of several designed to correct what
threatened to become an intolerable abuse.

Ecclesiastics and those who wish to be known by the name of the continent(137) are not to come into possession of the houses of widows and orphan girls, but are to be put aside by public courts if afterward the affines and near relatives of such think that they ought to be put away. Also we decree that the aforesaid may acquire nothing whatsoever from the liberality of that woman to whom privately, under the cloak of religion, they have attached themselves, or from her last will; and all shall be of no effect which has been left by one of these to them, they shall not be able to receive anything by way of donation or testament from a person in subjection. But if, by chance, after the warning of our law, these women shall think something is to be left to them by way of donation or in their last will, let it be seized by the fisc. But if they should receive anything by the will of those women in succession to whom or to whose goods they have the support of the _jus civile_ or the benefit of the edict, let them take it as relatives.

(_c_) _Codex Theodosianus_, I, 27, 2; A. D. 408.

Edict of Arcadius, Honorius, and Theodosius II concerning the
_Audientia Episcopalis_.