The Church and the Roman Emperors
From Readings in European History: A Collection of Extracts from the Sources by James Harvey Robinson, 1906.
From: 30 C.E. To: 420 C.E.
Location: Rome, Italy
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From Readings in European History: A Collection of Extracts from the Sources by James Harvey Robinson, 1906.
The Church and the Roman Emperors
In spite of the fact that the Roman emperors permitted the greatest variety of worship within their vast realm and showed no disposition to compel their subjects to think alike upon religious matters, they viewed to the Christianity with the most cruel suspicion almost from its first appearance. Christians were assumed to be hostile to the government, and were consequently treated with the utmost harshness. Even the wisest and best emperors, such as Trajan and Marcus Aurelius, ordered that any one should be condemned to death who was convicted of bearing the name of Christian.
(Christians were not, however, to be sought out by the government officials and could only be tried when accusation was brought against them by some definite person. A series of extracts illustrating the extent and character of the early persecutions of the Christians is to be found in Translations and Reprints, Vol. IV, No. I.)
Christians were first put upon a legal footing with adherents of the various pagan religions by Emperor Galerius in the year 311. His edict reads as follows:
Amongst our other measures for the advantage of the Empire, we have hitherto endeavored to bring all things into conformity with the ancient laws and public order of the Romans. We have been especially anxious that even the Christians, who have abandoned the religion of their ancestors, should return to reason. For they have fallen, we know not how, into such perversity and folly that, instead of adhering to those ancient institutions which possibly their own forefathers established, they have arbitrarily made laws of their own and collected together various peoples from various quarters.
After the publication, on our part, of an order commanding the Christians to return to the observance of the ancient customs, many of them, it is true, submitted in view of the danger, while many others suffered death. Nevertheless, since many of them have continued to persist in their opinions and we see that in the present situation they neither duly adore and venerate the gods nor yet worship the god of the Christians, we, with our wonted clemency, have judged it wise to extend a pardon even to these men and permit them once more to become Christians and reestablish their places of meeting; in such manner, however, that they shall in no way offend against good order. We propose to notify the magistrates in another mandate in regard to the course that they should pursue.
Wherefore it should be the duty of the Christians, in view of our clemency, to pray to their god for our welfare, for that of the Empire, and for their own, so that the Empire may remain intact in all its parts, and that they themselves may live safely in their habitations.
When under Theodosius II a collection of the laws of the Roman Empire was published (438), the edicts which had been issued by Constantine and the succeeding emperors in regard to the Christian religion,—the privileges of the clergy, the status of heretics, etc.,—were conveniently brought together in the last book of the new code. The very first title, On the Catholic Faith makes it clear that the government would tolerate no one who disagreed with the particular form of Christian belief which the state chose to sanction.
We desire that all those who are under the sway of our clemency shall adhere to that religion which, according to his own testimony, coming down even to our own day, the one blessed apostle Peter delivered to the Romans, namely, the doctrine which the pontiff Damasus [bishop of Rome] and Peter, bishop of Alexandria, a man of apostolic sanctity, accept. According to the teachings of the apostles and of the Gospel we believe in one Godhead of the Father, Son, and Holy Ghost, the blessed Trinity, alike in majesty.
We ordain that the name of Catholic Christians shall apply to all those who obey this present law. All others we judge to be mad and demented; we declare them guilty of the infamy of holding heretical doctrine; their assemblies shall not receive the name of churches. They shall first suffer the wrath of God, then the punishment which in accordance with divine judgment we shall inflict [a.d. 380].
The emperors showed themselves ready to exempt the orthodox clergy from the various taxes and other public burdens imposed by the state, but upon condition that only poor men should become clerics. No decurion, that is to say one who was rich enough to assume the heavy responsibilities which the government threw upon the wealthier class in the; cities, might join the clergy.
Those who exercise the functions of divine worship, that is to say those who are called clerics [clerici] shall be exempt from all public burdens, lest otherwise they might be called away from their sacred duties through some one's malicious interference [a.d. 319].
Immunity from public burdens is to be granted neither by custom nor upon any one's plea that he is a clergyman; nor may persons join the order of the clergy easily or in too great numbers. But when a cleric dies another shall be chosen in his stead. He shall not be of decurion rank by descent, nor possess sufficient means easily to bear the public burdens. Should doubt arise between a city and the clergy in regard to any candidate, if justice indicates that he should bear the public burdens and he should appear, either by descent or owing to his patrimony, to be suitable for the rank of decurion, he shall leave the clergy and be turned over to the city. For it is proper that the rich should bear the burdens of the world and that the poor should be supported by the wealth of the Church [a.d. 326].
From public burdens and from every disquietude of civil office all clerics shall be free, and their sons shall continue in the Church if they are not subject to public responsibilities [a.d. 349].
We decree that all priests, deacons, subdeacons, exorcists, lectors, and doorkeepers, likewise all who are in higher orders, shall be free from personal taxes. [a.d. 377].
Every one shall have the right, when he is dying, to leave so much of his goods as he will to the holy and Catholic Church...[a.d. 321].
It is right that clerics, whether they be bishops, priests, deacons, or those of lower rank, ministers of the Christian law, should be accused only before a bishop—unless there is some reason why the case should be considered elsewhere [a.d. 412].
Minor civil cases and those where church rites were involved were also to be tried by ecclesiastics. These provisions were the beginning of "benefit of clergy" and of the vast jurisdiction of the mediaeval Church.
Clerics adhering to the Eunomian or Montanist superstition shall be excluded from all intercourse with any city or town. Should any of these heretics sojourning in the country attempt to gather the people together or collect an assembly, let them be sent into perpetual exile....
We command that their books, which contain the substance of their criminal teachings, be sought out with the utmost care and burnt with fire under the eyes of the magistrates. Should any one perchance be convicted of concealing, through deceit or otherwise, and of failing to produce, any work of this kind, let him know that as the possessor of harmful books written with criminal intent he shall suffer capital punishment [a.d. 398].
Robinson, James Harvey. Readings in European History: A Collection of Extracts from the Sources. Vol. 1. Ginn and Co. 1906.
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