§ 27. Restriction of Religious Freedom, and Beginnings of Persecution of Heretics.
§ 27. Restriction of Religious Freedom, and Beginnings of Persecution of Heretics.
Sam. Eliot: History of Liberty. Boston, 1858, 4 vols. Early Christians, vols. i. and ii. The most important facts are scattered through the sections of the larger church histories on the heresies, the doctrinal controversies, and church discipline.
An inevitable consequence of the union of church and state was restriction of religious freedom in faith and worship, and the civil punishment of departure from the doctrine and discipline of the established church.
The church, dominant and recognized by the state, gained indeed external freedom and authority, but in a measure at the expense of inward liberty and self-control. She came, as we have seen in the previous section, under the patronage and supervision of the head of the Christian state, especially in the Byzantine empire. In the first three centuries, the church, with all her external lowliness and oppression, enjoyed the greater liberty within, in the development of her doctrines and institutions, by reason of her entire separation from the state.
But the freedom of error and division was now still more restricted. In the ante-Nicene age, heresy and schism were as much hated and abhorred indeed, as afterward, yet were met only in a moral way, by word and writing, and were punished with excommunication from the rights of the church. Justin Martyr, Tertullian, and even Lactantius were the first advocates of the principle of freedom of conscience, and maintained, against the heathen, that religion was essentially a matter of free will, and could be promoted only by instruction and persuasion not by outward force.241 All they say against the persecution of Christians by the heathen applies in full to the persecution of heretics by the church. After the Nicene age all departures from the reigning state-church faith were not only abhorred and excommunicated as religious errors, but were treated also as crimes against the Christian state, and hence were punished with civil penalties; at first with deposition, banishment, confiscation, and, after Theodosius, even with death.
This persecution of heretics was a natural consequence of the union of religious and civil duties and rights, the confusion of the civil and the ecclesiastical, the judicial and the moral, which came to pass since Constantine. It proceeded from the state and from the emperors, who in this respect showed themselves the successors of the Pontifices Maximi, with their relation to the church reversed. The church, indeed, steadfastly adhered to the principle that, as such, she should employ only spiritual penalties, excommunication in extreme cases; as in fact Christ and the apostles expressly spurned and prohibited all carnal weapons, and would rather suffer and die than use violence. But, involved in the idea of Jewish theocracy and of a state church, she practically confounded in various ways the position of the law and that of the gospel, and in theory approved the application of forcible measures to heretics, and not rarely encouraged and urged the state to it; thus making herself at least indirectly responsible for the persecution. This is especially, true of the Roman church in the times of her greatest power, in the middle age and down to the end of the sixteenth century; and by this course that church has made herself almost more offensive in the eyes of the world and of modern civilization than by her peculiar doctrines and usages. The Protestant reformation dispelled the dream that Christianity was identical with an outward organization, or the papacy, and gave a mighty shock thereby to the principle of ecclesiastical exclusiveness. Yet, properly speaking, it was not till the eighteenth century that a radical revolution of views was accomplished in regard to religious toleration; and the progress of toleration and free worship has gone hand in hand with the gradual loosening of the state-church basis and with the clearer separation of civil and religious rights and of the temporal and spiritual power.
In the, beginning of his reign, Constantine proclaimed full freedom of religion (312), and in the main continued tolerably true to it; at all events he used no violent measures, as his successors did. This toleration, however, was not a matter of fixed principle with him, but merely of temporary policy; a necessary consequence of the incipient separation of the Roman throne from idolatry, and the natural transition from the sole supremacy of the heathen religion to the same supremacy of the Christian. Intolerance directed itself first against heathenism; but as the false religion gradually died out of itself, and at any rate had no moral energy for martyrdom, there resulted no such bloody persecutions of idolatry under the Christian emperors, as there had been of Christianity under their heathen predecessors. Instead of Christianity, the intolerance of the civil power now took up Christian heretics, whom it recognized as such. Constantine even in his day limited the freedom and the privileges which he conferred, to the catholic, that is, the prevailing orthodox hierarchical church, and soon after the Council of Nice, by an edict of the year 326, expressly excluded heretics and schismatics from these privileges.242 Accordingly he banished the leaders of Arianism and ordered their writings to be burned, but afterward, wavering in his views of orthodoxy and heterodoxy, and persuaded over by some bishops and his sister, he recalled Arius and banished Athanasius. He himself was baptized shortly before his death by an Arian bishop. His son Constantius was a fanatical persecutor both of idolatry and the Nicene orthodoxy, and endeavored with all his might to establish Arianism alone in the empire. Hence the earnest protest of the orthodox bishops, Hosius, Athanasius, and Hilary, against this despotism and in favor of toleration;243 which came, however, we have to remember, from parties who were themselves the sufferers under intolerance, and who did not regard the banishment of the Arians as unjust.
Under Julian the Apostate religious liberty was again proclaimed, but only as the beginning of return to the exclusive establishment of heathenism; the counterpart, therefore, of Constantine’s toleration. After his early death Arianism again prevailed, at least in the East, and showed itself more, intolerant and violent than the catholic orthodoxy.
At last Theodosius the Great, the first emperor who was baptized in the Nicene faith, put an end to the Arian interregnum, proclaimed the exclusive authority of the Nicene creed, and at the same time enacted the first rigid penalties not only against the pagan idolatry, the practice of which was thenceforth a capital crime in the empire, but also against all Christian heresies and sects. The ruling principle of his public life was the unity of the empire and of the orthodox church. Soon after his baptism, in 380, he issued, in connection with his weak coëmperors, Gratian and Valentinian II., to the inhabitants of Constantinople, then the chief seat of Arianism, the following edict: "We, the three emperors, will, that all our subjects steadfastly adhere to the religion which was taught by St. Peter to the Romans, which has been faithfully preserved by tradition, and which is now professed by the pontiff Damasus, of Rome, and Peter, bishop of Alexandria, a man of apostolic holiness. According to the institution of the apostles and the doctrine of the gospel, let us believe in the one Godhead of the Father, the Son, and the Holy Ghost, of equal majesty in the holy Trinity. We order that the adherents of this faith be called Catholic Christians; we brand all the senseless followers of other religions with the infamous name of heretics, and forbid their conventicles assuming the name of churches. Besides the condemnation of divine justice, they must expect the heavy penalties which our authority, guided by heavenly wisdom, shall think proper to inflict."244 In the course of fifteen years this emperor issued at least fifteen penal laws against heretics,245 by which he gradually deprived them of all right to the exercise of their religion, excluded them from all civil offices, and threatened them with fines, confiscation, banishment, and in some cases, as the Manichaeans, the Audians, and even the Quartodecimanians, with death.
From Theodosius therefore dates the state-church theory of the persecution of heretics, and the embodiment of it in legislation. His primary design, it is true, was rather to terrify and convert, than to punish, the refractory subjects.246
From the theory, however, to the practice was a single step; and this step his rival and colleague, Maximus, took, when, at the instigation of the unworthy bishop Ithacius, he caused the Spanish bishop, Priscillian, with six respectable adherents of his Manichaean-like sect (two presbyters, two deacons, the poet Latronian, and Euchrocia, a noble matron of Bordeaux), to be tortured and beheaded with the sword at Treves in 385. This was the first shedding of the blood of heretics by a Christian prince for religious opinions. The bishops assembled at Treves, with the exception of Theognistus, approved this act.
But the better feeling of the Christian church shrank from it with horror. The bishops Ambrose of Milan,247 and Martin of Tours,248 raised a memorable protest against it, and broke off all communion with Ithacius and the other bishops who had approved the execution. Yet it should not be forgotten that these bishops, at least Ambrose, were committed against the death penalty in general, and in other respects had no indulgence for heathens and heretics.249 The whole thing, too, was irregularly done; on the one hand the bishops appeared as accusers in a criminal cause, and on the other a temporal judge admitted an appeal from the episcopal jurisdiction, and pronounced an opinion in a matter of faith. Subsequently the functions of the temporal and spiritual courts in the trial of heretics were more accurately distinguished.
The execution of the Priscillianists is the only instance of the bloody punishment of heretics in this period, as it is the first in the history of Christianity. But the propriety of violent measures against heresy was thenceforth vindicated even by the best fathers of the church. Chrysostom recommends, indeed, Christian love toward heretics and heathens, and declares against their execution, but approved the prohibition of their assemblies and the confiscation of their churches; and he acted accordingly against the Novatians and the Quartodecimanians, so that many considered his own subsequent misfortunes as condign punishment.250 Jerome, appealing to Deut. xiii. 6–10, seems to justify even the penalty of death against religious errorists.251
Augustine, who himself belonged nine years to the Manichaean sect, and was wonderfully converted by the grace of God to the Catholic church, without the slightest pressure from without, held at first the truly evangelical view, that heretics and schismatics should not be violently dealt with, but won by instruction and conviction; but after the year 400 he turned and retracted this view, in consequence of his experience with the Donatists, whom he endeavored in vain to convert by disputation and writing, while many submitted to the imperial laws.252 Thenceforth he was led to advocate the persecution of heretics, partly by his doctrine of the Christian state, partly by the seditious excesses of the fanatical Circumcelliones, partly by the hope of a wholesome effect of temporal punishments, and partly by a false interpretation of the Cogite intrare, in the parable of the great supper, Luke xiv. 23.253 "It is, indeed, better," says he, "that men should be brought to serve God by instruction than by fear of punishment or by pain. But because the former means are better, the latter must not therefore be neglected .... Many must often be brought back to their Lord, like wicked servants, by the rod of temporal suffering, before they attain the highest grade of religious development .... The Lord himself orders that the guests be first invited, then compelled, to his great supper."254 This father thinks that, if the state be denied the right to punish religious error, neither should she punish any other crime, like murder or adultery, since Paul, in Gal. v. 19, attributes divisions and sects to the same source in the flesh.255 He charges his Donatist opponents with inconsistency in seeming to approve the emperors’ prohibitions of idolatry, but condemning their persecution of Christian heretics. It is to the honor of Augustine’s heart, indeed, that in actual cases he earnestly urged upon the magistrates clemency and humanity, and thus in practice remained true to his noble maxim: "Nothing conquers but truth, the victory of truth is love."256 But his theory, as Neander justly observes, "contains the germ of the whole system of spiritual despotism, intolerance, and persecution, even to the court of the Inquisition."257 The great authority of his name was often afterward made to justify cruelties from which he himself would have shrunk with horror. Soon after him, Leo the Great, the first representative of consistent, exclusive, universal papacy, advocated even the penalty of death for heresy.258
Henceforth none but the persecuted parties, from time to time, protested against religious persecution; being made, by their sufferings, if not from principle, at least from policy and self-interest, the advocates of toleration. Thus the Donatist bishop Petilian, in Africa, against whom Augustine wrote, rebukes his Catholic opponents, as formerly his countryman Tertullian had condemned the heathen persecutors of the Christians, for using outward force in matters of conscience; appealing to Christ and the apostles, who never persecuted, but rather suffered and died. "Think you," says he, "to serve God by killing us with your own hand? Ye err, ye err, if ye, poor mortals, think this; God has not hangmen for priests. Christ teaches us to bear wrong, not to revenge it." The Donatist bishop Gaudentius says: "God appointed prophets and fishermen, not princes and soldiers, to spread the faith." Still we cannot forget, that the Donatists were the first who appealed to the imperial tribunal in an ecclesiastical matter, and did not, till after that tribunal had decided against them, turn against the state-church system.
Apologeticus, c. 21 "Sed et Caesares credidissent, si aut Caesares non essent saeculo necessarii, aut si et Christiani potuissent esse Caesares."
Thus the bishop Donatus of Carthage in 347 rejected the imperial commissioners, Paulus and Macarius, with the exclamation: "Quid est imperatori cum ecclesia?" See Optatus Milev.: De schismate Donat. l. iii. c. 3. The Donatists, however, were the first to invoke the imperial intervention in their controversies, and would doubtless have spoken very differently, had the decision turned in their favor.
Is. xlix. 23.
Rev. xi. 15.
This view is now very prevalent in America. It was not formerly so. Jonathan Edwards, in his "History of Redemption," a practical and edifying survey of church history as an unfolding of the plan of redemption, even saw in the accession of Constantine a type of the future appearing of Christ in the clouds for the redemption of his people, and attributed to it the most beneficent results; to wit: "(1) The Christian church was thereby wholly delivered from persecution .... (2) God now appeared to execute terrible judgments on their enemies .... (3) Heathenism now was in a great measure abolished throughout the Roman empire .... (4) The Christian church was brought into a state of great peace and prosperity." ... "This revolution," he further says, p. 312, "was the greatest that had occurred since the flood. Satan, the prince of darkness, that king and god of the heathen world, was cast out. The roaring lion was conquered by the Lamb of God in the strongest dominion he ever had. This was a remarkable accomplishment of Jerem. x. 11: ’The gods that have not made the heaven and the earth, even they shall perish from the earth and from the heavens.’ " This work, still much read in America and England, was written, to be sure, Iong before the separation of church and state in New England, viz., in 1739 (first printed in Edinburgh in 1774, twenty-six years after the author’s death). But the great difference of the judgment of this renowned Puritan divine from the prevailing American opinion of the present day is an interesting proof that our view of history is very much determined by the ecclesiastical circumstances in which we live, and at the same time that the whole question of church and state is not at all essential in Christian theology and ethics. In America all confessions, even the Roman Catholics, are satisfied with the separation, while in Europe with few exceptions it is the reverse.
Comp. § 18.
So early as 326 Constantine promulgated the law (Cod. Theodos. lib. xvi. tit. 5, l. 1): "Privilegia, quae contemplatione religionis indulta sunt, catholicae tantum legis observatoribus prodesse oportet. Haereticos autem atque schismaticos non tantum ab his privilegiis alienos esse volumus, sed etiam diversis muneribus constringi et subjici." Yet he was lenient towards the Novatians, adding in the same year respecting them (C. Theodos. xvi. 5, 2): "Novatianos non adeo comperimus praedamnatos, ut iis quae petiverunt, crederemus minime largienda. Itaque ecclesiae suae domos, et loca sepulcris apta sine inquietudine eos firmiter possidere praecipimus." Comp. the 8th canon of the Council of Nice, which likewise deals with them indulgently.
The munera publica, or leitourgivai, attaching in part to the person as a subject of the empire, in part to the possession of property (munera patrimoniorum).
Immunitas, ajleitourghsiva.
The decuriones and curiales.
"Si tributum petit Imperator," says he in the Orat. de basilicas non tradendis haereticis, "non negamus; agri ecclesiae solvunt tributum, solvimus quae sunt Caesaris Caesari, et qum sunt Dei Deo; tributum Caesaris est; non negatur." Baronius (ad ann. 387) endeavors to prove that this tribute was meant by Ambrose merely as an act of love, not of duty!
So early as 314 he caused to be paid to the bishop Caecilian of Carthage 3,000 folles (triscilivou" fovlei" £18,000) from the public treasury of the province for the catholic churches in Africa, Numidia, and Mauritania, promising further gifts for similar purposes. Euseb: H. E. x. 6, and Vit. Const. iv. 28.
In an edict to Damasus, bishop of Rome. Cod. Theod. xvi. 2, 20: "Ecclesiastici ... viduaram ac pupillarum domos non adeant," etc.
Epist. 34 (al. 2) ad Nepotianum, where he says of this law: "Nec de lege conqueror, sed doleo, cur meruerimus hanc legem;" and of the clergy of his time: "Ignominia omnium sacerdotum est, propriis studere divitiis," etc.
Chrys. Hom. 66 in Matt. (vii. p. 658).
Comp. the Epistles of Gregory the Great at the end of our period.
See the Vita S. Joannis Eleemosynarii (the next to the last catholic patriarch of Alexandria) in the Acta Sanct. Bolland. ad 23 Jan.
The ptwcotrofei'a, nosokomei'a, ojrfanotrofei'a, ghrokomei'aandxenw'ne"orxenodocei'a, as they were called; which all sprang from the church. Especially favored was the Basilias for sick and strangers in Caesarea, named after its founder, the bishop Basil the Great. Basil. Ep. 94. Gregor. Naz. Orat. 27 and 30.
Inferno, canto xix. vs. 112-118, as translated by Wright (with two slight alterations). Milton, in his prose works, has translated this passage as well as that of Ariosto, where he humorously places the donation of Constantine in the moon among the things lost or abused on earth:
"Ah, Constantine! of how much ill was cause,
Not thy conversion, but those rich domains
That the first wealthy pope received of thee."
Lev. xxvii. 30-33; Nu. xviii. 20-24; Deut. xiv. 22 sqq. 2 Chron. xxxi. 4 sqq.
. Constit. Apost. lib. viii. cap. 47, can. 6 (p. 239, ed. Ueltzen): jEpivskopo" h] presbuvtero" h] diavkono" kosmika;" frontivda" mh; ajnalambanevto: eij de; mh;, kaqaireivsqw.
Lib. xxvii. c. 3.
Hieron. Ep. 34 (al. 2) et passim.
Orat. 32.
The cathedral of Constantinople fell under censure for the excessive number of its clergy and subordinate officers, so that Justinian reduced it to five hundred and twenty-five, of which probably more than half were useless. Comp. Iust. Novell. ciii.
Homil. 85 in Matt. (vii. 808 sq.). Hom. 21 in 1 Cor. 7 (x. 190). Comp. also De sacerdot. l. iii. c. 16.
Possidius, in Vita Aug. c. 23: "Alloquebatur plebem Dei, malle se ex collationibus plebes Dei vivere quam illarum possessionum curam vel gubernationem pati, et paratum se esse illis cedere, ut eo modo omnes Dei servi et ministri viverent."
1 Cor. vi. 1-6.
"Sacerdotum judicium ita debet haberi, ut si ipse Dominus residens judicet. Optatus Milev.: De schism. Donat. f. 184.
Even Constantine, however, before the council of Nice, had declared, that should he himself detect a bishop in the act of adultery, he would rather throw over him his imperial mantle than bring scandal on the church by punishing a clergyman.
De sacerd. l. iii. c. 18, at the beginning.
In Psalm. xxv. (vol. iv. 115) and Epist. 213, where he complains that before and after noon he was beset and distracted by the members of his church with temporal concerns, though they had promised to leave him undisturbed five days in the week, to finish some theological labors. Comp. Neander, iii. 291 sq. (ed. Torrey, ii. 139 sq.).
Socrat. l. vii. c. 37.
Matt. vi. 14.
Cod. Theodos. ix. 45, 1-4. Comp. Socrat. vii. 33.
"The rash violence of despotism," says even Gibbon, "was suspended by the mild interposition of the church; and the lives or fortunes of the most eminent subjects might be protected by the mediation of the bishop."
This exception is entirely unnoticed by many church histories, but stands in the same law of 321 in the Cod. Justin. lib. iii. tit. 12, de feriis, l. 3: "Omnes judices, urbanaeque plebes, et cunctarum artium officia venerabili die Solis quiescant. Ruri tamen positi agrorum culturae libere licenterque inserviant: quoniam frequenter evenit, ut non aptius alio die frumenta sulcis, aut vineae scrobibus mandentur, ne occasione momenti pereat commoditas coelesti provisione concessa." Such work was formerly permitted, too, on the pagan feast days. Comp. Virgil. Georg. i. v. 268 sqq. Cato, De re rust. c. 2.
Cod. Theodos. lib. ii. tit. 8. l. 1: "Emancipandi et manumittendi die festo cuncti licentiam habeant, et super his rebus actus non prohibeantur."
Eus. Vit. Const. iv. 18-20. Comp. Sozom. i. 8. In our times military parades and theatrical exhibitions in Paris, Vienna, Berlin, and other European cities are so frequent on no other day as on the Lord’s day! In France, political elections are usually held on the Sabbath!
Eus. Vit. Const. l. iv. c. 20. The formulary was prescribed in the Latin language, as Eusebius says in c. 19. He is speaking of the whole army (comp. c. 18), and it may presumed that many of the soldiers were heathen.
The second law against opening theatres on Sundays and festivals (a.d. 425) in the Cod. Theodos. l. xv. tit. 7, I. 5, says expressly: "Omni theatrorum atque circensium voluptate per universas urbes ... denegata, totae Christianorum ac fidelium mentes Dei cultibus occupentur."
As Chrysostom, at the end of the fourth century and the beginning of the fifth, often complains that the theatre is better attended than the church; so down to this day the same is true in almost all the large cities on the continent of Europe. Only in England and the United States, under the influence of Calvinism and Puritanism, are the theatres closed on Sunday.
Vol. i §§ 86-93.
Comp. Lactantius: Inst. divin. l. v. c. 15.
Vit. Const. l. iv. c. 26, where the most important laws of Constantine are recapitulated. Even the heathen Libanius (Basil. ii. p. 146) records that under Constantine and his sons legislation was much more favorable to the lower classes: though he accounts for this only by the personal clemency of the emperors.
Troplong, p. 127. C. Schmidt, 378.
Comp. de Rhoer, p. 59 sqq. The origin of this increased severity of penal laws is, at all events, not to be sought in the church; for in the fourth and fifth centuries she was still rather averse to the death penalty. Comp. Ambros. Ep. 25 and 26 (al. 51 and 52), and Augustine, Ep. 153 ad Macedonium.
Constitutiones or Leges. If answers to questions, they were called Rescripta; if spontaneous decrees, Edicta.
The Codex Gregorianus and Codex Hermogenianus; so called from the compilers, two private lawyers. They contained the rescripts and edicts of the heathen emperors from Hadrian to Constantine, and would facilitate a comparison of the heathen legislation with the Christian.
Tribonianus, a native of Side in Paphlagonia, was an advocate and a poet, and rose by his talents, and the favor of Justinian, to be quaestor, consul, and at last magister officiorum. Gibbon compares him, both for his comprehensive learning and administrative ability and for his enormous avarice and venality, with Lord Bacon. But in one point these statesmen were very different: while Bacon was a decided Christian in his convictions, Tribonianus was accused of pagan proclivities and of atheism. In a popular tumult in Constantinople the emperor was obliged to dismiss him, but found him indispensable and soon restored him.
The complete Codex Justinianeus, which has long outlasted the conquests of that emperor (as Napoleon’s Code has outlasted his), comprises properly three separate works: (1) The Institutiones, an elementary text book of jurisprudence, of the year 533. (2) The Digesta or Pandectae (pavndektai, complete repository), an abstract of the spirit of the whole Roman jurisprudence, according to the decisions of the most distinguished jurists of the earlier times, composed in 530-533. (3) The Codex, first prepared in 528 and 529, but in 534 reconstructed, enlarged, and improved, and hence called Codex repetitae praelectionis; containing 4,648 ordinances in 765 titles, in chronological order. To these is added (4) a later Appendix: Novellae constitutiones(vearai; diatavxei"), or simply Novellae (a barbarism); that is, 168 decrees of Justinian, subsequently collected from the 1st January, 535, to his death in 565, mostly in Greek, or in both Greek and Latin. Excepting some of the novels of Justinian, the codex was composed in the Latin language, which Justinian and Tribonianus understood; but afterward, as this tongue died out in the East, it was translated into Greek, and sanctioned in this form by the emperor Phocas in 600. The emperor Basil the Macedonian in 876 caused a Greek abstract (provceiron tw'n novmwn) to be prepared, which, under the name of the Basilicae, gradually supplanted the book of Justinian in the Byzantine empire. The Pandects have narrowly escaped destruction. Most of the editions and manuscripts of the west (not all, as Gibbon says) are taken from the Codex Florentinus, which was transcribed in the beginning of the seventh century at Constantinople, and afterward carried by the vissitudes of war and trade to Amalfi, to Pisa, and in 1411 to Florence.
Called Corpus juris Romani or C. juris civilis, in distinction from Corpus juris canonici, the Roman Catholic church law, which is based chiefly on the canons of the ancient councils, as the civil law is upon the rescripts and edicts of the emperors.
On this subject, and on the heathen family life, comp. vol. i. § 91.
Cod. Theod. lib. xv. tit. 8: de lenonibus.
C. Theod. ix. 24: de raptu virginum et viduarum (probably nuns and deaconesses).
C. Theod. viii. 16, 1. Comp. Euseb. Vit. Const. iv. 26.
C. Theod. iii. 12: de incestis nuptiis.
C. Theod. iii. 16: de repudiis. Hence Jerome says in view of this, Ep. 30 (al. 84) ad Oceanum: "Aliae sunt leges Caesarum, aliae Christi; aliud Papinianus [the most celebrated Roman jurist, died a.d. 212], aliud Paulus noster praecipit."
Gibbon: "The dignity of marriage was restored by the Christians .... The Christian princes were the first who specified the just causes of a private divorce; their institutions, from Constantine to Justinian, appear to fluctuate between the custom of the empire and the wishes of the church, and the author of the Novels too frequently reforms the jurisprudence of the Code and the Pandects .... The successor of Justinian yielded to the prayers of his unhappy subjects, and restored the liberty of divorce by mutual consent."
In a law of 326 it is called "facinus atrocissimum, scelus immane." Cod. Theod. l. ix. tit. 7, 1. 1 sq. And the definition of adultery, too, was now made broader. According to the old Roman law, the idea of adultery on the part of the man was limited to illicit intercourse with the married lady of a free citizen, and was thought punishable not so much for its own sake, as for its encroachment on the rights of another husband. Hence Jerome says, l.c., of the heathen: "Apud illos viris impudicitiae frena laxantur, et solo stupro et adulterio condemnato passim per lupanaria et ancillulas libido permittitur; quasi culpam dignitas faciat, non voluntas. Apud nos quod non licet feminis, aeque non licet viris, et eadem servitus pari conditione censetur." Yet the law, even under the emperors, still excepted carnal intercourse with a female slave from adultery. Thus the state here also stopped short of the church, and does to this day in countries where the institution of slavery exists.
Even a council at Toledo in 398 conceded so far on this point as to decree, can. 17: "Si quis habens uxorem fidelis concubinam habeat, non communicet. Ceterum is, qui non habet uxorem et pro uxore concubinam habeat, a communione non repellatur, tantum ut unius mulieris aut uxoris aut concubinae, ut ei placuerit, sit conjunctione contentus. Alias vero vivens abjiciatur donec desinat et per poenitentiam, revertatur."
Cod. Theod. iii. 7, 2; C. Justin. i. 9, 6. A proposal of marriage to a nun was even punished with death (ix. 25, 2).
a.d. 318; Valentinian did the same in 374. Cod. Theod. ix. tit. 14 and 15. Comp. the Pandects, lib. xlviii. tit. 8, l ix.
Cod. Theod. iii. 3, 1; Cod. Just. iv. 43, 1; viii. 52, 3. Gibbon says: "The Roman empire was stained with the blood of infants, till such murders were included, by Valentinian and his colleagues, in the letter and spirit of the Cornelian law. The lessons of jurisprudence and Christianity had been inefficient to eradicate this inhuman practice, till their gentle influence was fortified by the terrors of capital punishment."
Comp. vol. i. § 89, and the author’s "Hist. of the Apost. Church," § 113.
Instit. lib. i. tit. 5-8; Digest. l. i. tit. 5 and 6, etc.
The legal price, which, however, was generally under the market price, was thus established under Justinian (Cod. l. vi. tit. xliii. l. 3): Ten pieces of gold for an ordinary male or female slave under ten years; twenty, for slaves over ten; thirty, for such as understood a trade; fifty, for notaries and scribes; sixty, for physicians, and midwives. Eunuchs ranged to seventy pieces.
Comp. Hefele: "Conciliengeschichte," ii. p. 620; and Milman: "Latin Christianity," vol. i. p. 419 (Am. ed.), who infers from this fact, "that slaves formed the household of the Pope, and that, by law, they were yet liable to torture. This seems clear from the words of Ennodius."
Comp. Milman, l.c. i. 531.
In two laws of 316 and 321; Corp. Jur. l. i. tit. 13, l. 1 and 2.
Cod. Just. vii. 5, 6; Nov. 22, c. 8 (a.d. 536), and Nov. 78, praef. 1, 2 (a.d. 539).
Gen. ix. 25: "Cursed be Canaan; a servant of servants shall he be unto his brethren." But Christ appeared to remove every curse of sin, and every kind of slavery. The service of God is perfect freedom.
1 Cor. vii. 21. The Greek fathers supply, with ma'llon crh'sai, the word douleiva/ (Chrysostom: ma'llon douvleue); whereas nearly all modem interpreters (except De Wette, Meyer, Ewald, and Alford) follow Calvin and Grotius in supplying ejleuqeriva/. Chrysostom, however, mentions this construction, and in another place (Serm. iv. in Genes. tom. v. p. 666) seems himself to favor it. The verb use connects itself more naturally with freedom, which is a boon and a blessing, than with bondage, which is a state of privation. Milman, however, goes too far when he asserts (Lat. Christianity, vol. i. 492): "The abrogation of slavery was not contemplated even as a remote possibility. A general enfranchisement seems never to have dawned on the wisest and best of the Christian writers, notwithstanding the greater facility for manumission, and the sanctity, as it were, assigned to the act by Constantine, by placing it under the special superintendence of the clergy." Compare against this statement the views of Chrysostom and Augustine, in the text.
The views of Chrysostom on slavery are presented in his Homilies on Genesis and on the Epistles of Paul, and are collected by Möhler in his beautiful article on the Abolition of Slavery (Vermischte Schriften, ii. p. 89 sqq.). Möhler says that since the times of the apostle Paul no one has done a more valuable service to slaves then St. Chrysostom. But he overrates his merit.
Homil. xi. in Acta Apost. (Opera omn., tom. ix. p. 93): Oujde; ga;r tovte tou'to h|n, ajll j ejleuqevrou" i[sw" ejpevtrepon givnesqai. The monk Nilus, a pupil of Chrysostom, went so far as to declare slaveholding inconsistent with true love to Christ, Ep. lib. i. ep. 142 (quoted by Neander in his chapter on monasticism): Ouj ga;r oi|mai oijkevthn e[cein to;n filovcriston, eijdovta th;n cavrin th;n pavnta" ejleuqerwvsasan.
De Civit. Dei, lib. xix. cap. 15.
For earlier cases, at the close of the previous period, see vol. i. § 89, at the end.
Acta Sanct. Boll. Jun. tom. v. p. 267. According to Palladius, Hist. c. 119, St. Melania had, in concert with her husband Pinius, manumitted as many as eight thousand slaves. Yet it is only the ancient Latin translation that has this almost incredible number.
Ad Eccles. cath. l. iii. § 7 (Galland. tom. x. p. 71): "In usu quidem quotidiano est, ut servi, etsi non optimae, certe non infirmae servitudinis, Romana a dominis libertate donentur; in qua scilicet et proprietatem peculii capiunt et jus testamentarium consequuntur: ita ut et viventes, cui volunt, res suas tradant, et morientes donatione transcribAnt. Nec solum hoc, sed et illa, quae in servitute positi conquisierant, ex dominorum domo tollere non vetantur." From this passage it appears that many masters, with a view to set their slaves free, allowed them to earn something; which was not allowed by the Roman law.
Cod. Theod. ix. 40, 1 and 2.
C. Theod. ix. tit. 3, de custodia reorum. Comp. later similar laws of the year 409 in l. 7, and of 529 in the Cod. Justin. i. 4, 22.
Comp. the two laws De alimentis quae inopes parentes de publico petere debent, in the Cod. Theod. xi. 27, 1 and 2.
Cod. Theod. I. tit. 7, l. 1: Cessent jam nunc rapaces officialium manus, cessent inquam! nam si moniti non cessaverint, gladiis praecidentur.
The capitatio plebeja. Cod. Theod. xiii. 10, 1 and 4. Other laws in behalf of widows, Cod. Just. iii. 14; ix. 24.
Cod. Theod. xi. 16, xiii. 1; Cod. Just. i. 3; Nov. 131. Comp. here in general Chastel: The Charity of the Primitive Churches (transl. by Mathe), pp. 281-293.
Comp. Chastel, l.c., p. 293: "It appears, then, as to charitable institutions, the part of the Christian emperors was much less to found themselves, than to recognize, to regulate, to guarantee, sometimes also to enrich with their private gifts, that which the church had founded. Everywhere the initiative had been taken by religious charity. Public charity only followed in the distance, and when it attempted to go ahead originally and alone, it soon found that it had strayed aside, and was constrained to withdraw."
Comp. vol. i. § 88.
Symm. l. ii. Ep. 46. Comp. vii. 4.
Prudentius Adv. Symmach. ii. 1095:
Virgo—consurgit ad ictus,
Et quotiens victor ferrum jugulo inserit, illa
Delicias ait esse suas, pectusque jacentis
Virgo modesta jubet, converso pollice, rumpi;
Ni lateat pars ulla animae vitalibus imis,
Altius impresso dum palpitat ense secutor.
Lib. vi. c. 8.
Eumenii Panegyr. c. 12.
Cod. Theod. xv. tit. 12, l. 1, de gladiatoribus: "Cruenta spectacula in otio civili et domestica quiete non placent; quapropter omnino gladiatores esse prohibemus." Comp. Euseb. Vita Const. iv. 25.
So relates Theodoret: Hist. eccl. l. v. c. 26. For there is no law of Honorius extant on the subject. Yet after this time there is no mention of a gladiatorial contest between man and man.
In a law of Leo, of the year 469 (in the Cod. Justin. iii. tit. 12, l. 11), besides the scena theatralis and the circense theatrum, also ferarum lacrymosa spectacula are mentioned as existing. Salvian likewise, in the fifth century (De gubern. Dei, l. vi. p. 51), censures the delight of his contemporaries in such bloody combats of man with wild beasts. So late as the end of the seventh century a prohibition from the Trullan council was called for in the East, In the West, Theodoric appears to have exchanged the beast fights for military displays, whence proceeded the later tournaments. Yet these shows have never become entirely extinct, but remain in the bull fights of Southern Europe, especially in Spain.
Thus Augustine, for example, Tract. in JoAnn. xxv. c. 10, laments that the church filled itself daily with those who sought Jesus not for Jesus, but for earthly profit. Comp. the similar complaint of Eusebius, Vita Const. l. iv. c. 54.
Ammianus Marcellinus gives the most graphic account of the extravagant and tasteless luxury of the Roman aristocracy in the fourth century; which Gibbon has admirably translated and explained in his 31st chapter.
Homil. in Matt. 63, § 4 (tom. vii. p. 533), comp. Hom. in 1 Cor. 21, § 6, and many other places in his sermons. Comp. Neander’s Chrysostomus, i. p. 10 sqq. and Is. Taylor’s Anc. Christianity, vol. ii., supplement, p. xxx. sqq.
Orat. xiv. Comp. Ullmann’s monograph on Gregory, p. 6.
Adv. avarit. and De gubern. Dei, passim. Comp. § 12, at the close.
De gubern. Dei, l. iv. c. 12, p. 82.
Lib., Epitaph. Julian.
Milman: Hist. of Ancient Christianity, p. 440 (Am. ed.). Comp. the sketch of the court of Arcadius, which Montfaucon, in a treatise in the last volume of his Opera Chrys., and Müller: De genio, moribus, et luxu aevi Theodosiani, Copenh. 1798, have drawn, chiefly from the works of Chrysostom.
Euseb. Vit. Const. iv. 48.
V. Const. iv. 54.
V. Const. iii. 15, where Eusebius, at the close of this imperio-episcopal banquet, "which transcended all description," says: Cristou' basileiva" e[doxen a[n ti" fantasiou'sqai eijkovna, o[nar t j ei'nai ajll j oujc u{per to; ginovmenon.
This overseer was called basileuv" of the iJerei'" and iJerav.
Augustus took the dignity of Pontifex Maximus after the death of Lepidus, a.u. 742, and thenceforth that office remained inherent in the imperial, though it was usually conferred by a decree of the senate. Formerly the pontifex maximus was elected by the people for life, could take no civil office, must never leave Italy, touch a corpse, or contract a second marriage; and he dwelt in the old king’s house, the regia. Augustus himself exercised the office despotically enough, though with great prudence. He nominated and increased at pleasure the members of the sacerdotal college, chose the vestal virgins, determined the authority of the vaticinia, purged the Sibylline books of apocryphal interpolations, continued the reform of the calendar begun by Caesar, and changed the month Sextius into Augustus in his own honor, as Quintius, the birth-month of Julius Caesar, had before been rebaptized Julius. Comp. Charles Merivale: Hist. of the Romans under the Empire, vol. iii. (Lond. 1851), p, 478 sqq. (This work, which stops where Gibbon begins, has been republished in 7 vols. in New York, 1863.)
In England and Scotland the term Erastianism is used for this; but is less general, and not properly applicable at all to the Greek church. For the man who furnished the word, Thomas Erastus, a learned and able physician and professor of medicine in Heidelberg (died at Basle in Switzerland, 1583), was an opponent not only of the independence of the church toward the state, but also of the church ban and of the presbyterial constitution and discipline, as advocated by Frederick III., of the Palatinate, and the authors of the Heidelberg Catechism, especially Olevianus, a pupil of Calvin. He was at last excommunicated for his views by the church council in Heidelberg.
His words, which are to be taken neither in jest and pun (as Neander supposes), nor as mere compliment to the bishops, but in earnest, run thus, in Eusebius: Vita Const. l. iv. c. 24: JUmei'" (the ejpivskopoi addressed) mevn tw'n ei[sw th'" ejkklhsiva", ejgw; de; tw'n ejkto;" uJpo; qeou' kaqestamevno" ejpivskopo" a{n ei[hn. All depends here on the intrepretation of the antithesis tw'm ei[sw andtw'n ejkto;" th'" ejkklhsiva". (a) The explanation of Stroth and others takes the genitive as masculine, oiJ ei[sw denoting Christians, and oiJ ejktov"heathens; so that Constantine ascribed to himself only a sort of episcopate in partibus infidelium. But this contradicts the connection; for Eusebius says immediately after, that he took a certain religious oversight over all his subjects (tou;" ajrcomevnou" a{panta" ejpeskovpei, etc.), and calls him also elsewhere a universal bishop " (i. 44). (b) Gieseler’s interpretation is not much better (I. 2. § 92, not. 20, Amer. ed. vol. i. p. 371): that oiJ ejktov" denotes all his subjects, Christian as well as non-Christian, but only in their civil relations, so far as they are outside the church. This entirely blunts the antithesis with oiJ ei[sw, and puts into the emperor’s mouth a mere commonplace instead of a new idea; for no one doubted his political sovereignty. (c) The genitive is rather to be taken as neuter in both cases, and pragmavtwn to be supplied. This agrees with usage (we find it in Polybius), and gives a sense which agrees with the view of Eusebius and with the whole practice of Constantine. There is, however, of course, another question: What is the proper distinction betweenta; ei[sw and ta; ejktov" the interna and externa of the church, or, what is much the same, between the sacerdotal jus in sacra and the imperial jus circa sacra. This Constantine and his age certainly could not themselves exactly define, since the whole relation was at that time as yet new and undeveloped.
Eusebius in fact calls him a divinely appointed universal bishop, oiJ|av ti" koino;" ejpivskopo" ejk qeou' dakestamevno" , sunovdou" tw'n tou' qeou' leitourgw'n sunekrovtei. Vit. Const. i. 44. His son Constantius was fond of being called " bishop of bishops."
Justinian states the Byzantine theory thus, in the preface to the 6th Novel: "Maxima quidem in hominibus sunt dona Dei a superna collata clementia Sacerdotium et Imperium, et illud quidem divinis ministrans, hoc autem humanis praesidens ac diligentiam exhibens, ex uno eodemque principio utraque procedentia, humanam exornant vitam." But he then ascribes to the Imperium the supervision of the Sacerdotium, and "maximam sollicitudinem circa vera Dei dogmata et circa Sacerdotum honestatem." Later Greek emperors, on the ground of their anointing, even claimed a priestly character. Leo the Isaurian, for example, wrote to Pope Gregory II. in 730: basileu;" kai; iJereuv" eijmi (Mansi xii. 976). This, however, was contested even in the East, and the monk Maximus in 655 answered negatively the question put to him: "Ergo non est omnis Christianus imperator etiam sacerdos?" At first the emperor’s throne stood side by side with the bishop’s in the choir; but Ambrose gave the emperor a seat next to the choir. Yet, after the ancient custom, which the Concilium Quinisext., a.d. 692, in its 69th canon, expressly confirmed, the emperors might enter the choir of the church, and lay their oblations in person upon the altar—a privilege which was denied to all the laity, and which implied at least a half-priestly character in the emperor. Gibbon’s statement needs correction accordingly (ch. xx.): "The monarch, whose spiritual rank is less honorable than that of the meanest deacon, was seated below the rails of the sanctuary, and confounded with the rest of the faithful multitude."
Lib. ii. c. 11, where the bishop is reminded of his exalted position, wJ" qeoi; tuvpon e[cwn ejn ajnqrwvpoi" tw'/ pavntwn a[rcein ajnqrwvpwn, iJerevwn, basilevwn, ajrcovntwn, etc. Comp. c. 33 and 34.
241 Just. Mart. Apol. i. 2, 4, 12; Tertull. Apolog. c. 24, 28; Ad Scapul.c. 2; Lactant. Instit. v. 19, 20; Epit. c. 54. Comp. vol. i. § 51.
242 Cod. Theod. xvi. 5, 1: Privilegia, quae contemplatione religionis indulta sunt, catholicae tantum legis observatoribus prodesse opportet. Haereticos autem atque schismaticos non tantum ab his privilegiis alienos esse volumus, sed etiam diversis muneribus constringi et subjici.
243 Comp. § 8, above.
244 Cod. Theod. xvi, 1, 2. Baronius (Ann.), and even Godefroy call this edict which in this case, to be sure, favored the true doctrine, but involves the absolute despotism of the emperor over faith, an "edictum aureum, pium et salutare."
245 Comp. Cod. Theod. xvi. tit. v. leg. 6-33, and Godefroy’s Commentary.
246 So Sozomen asserts, l. vii. c. 12.
247 Epist. xxiv. ad Valentin. (tom. ii. p. 891). He would have nothing to do with bishops, "qui aliquos, devios licet a fide, ad necem petebant."
248 In Sulpic. Sever., Hist. Sacra, ii. 50: "Namque tum Martinus apud Treveros constitutus, non desinebat increpare Ithacium, ut ab accusatione desisteret, Maximum orare, ut sanguine infelicium abstineret: satis superque sufficere, ut episcopali sententia haeretici judicati ecclesiis pellerentur: novum esse et inauditum nefas, ut causam ecclesiae judex saeculi judicaret." Comp. Sulp. Sev., Dial. iii. c. 11-13, and his Vit. Mart. c. 20.
249 Hence Gibbon, ch. xxvii., charges them, not quite groundlessly, with inconsistency: "It is with pleasure that we can observe the human inconsistency of the most illustrious saints and bishops, Ambrose of Milan, and Martin of Tours, who, on this occasion, asserted the cause of toleration. They pitied the unhappy men who had been executed at Treves; they refused to hold communion with their episcopal murderers; and if Martin deviated from that generous resolution, his motives were laudable, and his repentance was exemplary. The bishops of Tours and Milan pronounced, without hesitation, the eternal damnation of heretics; but they were surprised and shocked by the bloody image of their temporal death, and the honest feelings of nature resisted the artificial prejudices of theology."
250 Hom. xxix. and xlvi. in Matt. Comp. Socrat. H. E. vi. 19. Elsewhere his principle was (in Phocam mart. et c. haer. tom. ii. p. 705): jEmoi; e[qo" ejsti; diwvkesqai kai; mh; diwvkein; that is, he himself would rather suffer injury than inflict injury.
251 Epist. xxxvii. (al. liii.) ad Riparium Adv. Vigilantium.
252 Epist. 93, ad Vincent. § 17: "Mea primitus sententia non erat, nisi neminem ad unitatem Christi esse cogendum, verbo esse agendum, disputatione pugnandum, ratione vincendum, ne fictos catholicos haberemus, quos apertos haereticos noveramus. Sed—he continues § haec opinio mea non contradicentium verbis, sed demonstrantium superabatur exemplis." Then he adduces his experience with the Donatists. Comp. Retract. ii. 5.
253 The direction: "Compel them to come in," which has often since been abused in defence of coercive measures against heretics, must, of course, be interpreted in harmony with the whole spirit of the gospel, and is only a strong descriptive term in the parable, to signify the fervent zeal in the conversion of the heathen, such as St. Paul manifested without ever resorting to physical coercion.
254 Epist. 185, ad Bonifacium, § 21, § 24.
255 C. Gaudent. Donat. i. § 20. C. Epist. Parmen. i. § 16.
256 "Non vincit nisi veritas, victoria veritatis est caritas."
257 Kirchengesch. iii. p. 427; Torrey’s ed. ii. p. 217.
258 Epist. xv. ad Turribium, where Leo mentions the execution of the Priscillianists with evident approbation: "Etiam mundi principes ita hanc sacrilegam amentiam detestati sunt, ut auctorem ejus cum plerisque discipulis legum publicarum ense prosternerent."