dition, under that Emperor, of the law as to hereditary occupations and guilds, and the position of the curiales, so as to explain the law as to admission to the priesthood.

(a) Codex Theodosianus, XIII, 5, 1; A. D. 314.

The Theodosian Code was a collection of law made at the command of Theodosius II, A. D. 438. See § 80. It was intended to comprise all the laws of general application made since the accession of Constantine and arranged under appropriate titles.

If a shipman shall have been originally a lighterman, none the less he shall remain permanently among those among whom it shall appear that his parents had been.

(b) Codex Theodosianus, XIII, 5, 3; A. D. 319.

If any shipman shall have obtained surreptitiously or in any other way immunity, it is our will that he be not at all admitted to plead any exemption. But also if any one possess a patrimony liable to the duties of a shipman, although he may be of higher dignity, the privileges of honor shall be of no avail to him in this matter, but let him be held to this duty either by the whole or in proportion. For it is not just that when a patrimony liable to this public duty has been excused all should not bear the common burden in proportion to ability.

(c) Codex Theodosianus, XIV, 4, 1; A. D. 334.

Because the guild of swineherds has fallen off to but few, we command that they plead in the presence of the Roman people, for the defence should be made to them for whom the burden was established. . . . Therefore let them know that the personal property of the swineherds is liable to public burdens and let them choose one of two courses: either let them retain the property which is liable to the functions of swineherd, and let themselves be held to the duty of swineherd, or let them name some suitable person whom they will, who shall satisfy the same requirement. For we suffer no one to be exempt from the obligation of this thing, but whether they

have advanced in honors, or by some fraud have escaped, we command that they be brought back and the same thing performed, the Roman people being present and witnessing, and we are to be consulted, that we may take note of those who make use of these shifts; as for further avoidance of public duties, it is by no means to be granted any, but he who shall have been able to escape shall run danger of his safety, the privilege having been taken away from him.

(d) Codex Theodosianus, XII, 1, 11; A. D. 325.

The following laws illustrate the attempts of the curiales to escape their burdens.

Because some have forsaken the curiæ and have fled to the camps of the soldiery, we prescribe that all who shall be found not yet indebted to the chief centurion, are to be dismissed from the soldiery and returned to the same curiæ; those only are to remain among the soldiery who are retained on account of the necessities of the place or the troop.

(e) Codex Theodosianus, XII, 1, 12; A. D. 325.

If any one belongs in a larger or smaller town and desiring to avoid the same, betakes himself to another for the sake of dwelling there, and shall have attempted to make petitions concerning this or shall have relied upon any sort of fraud that he may escape the birth from his own city, let him bear the burden of the decurionate of both cities, of one because it was his choice, of the other because of his birth.

(Codex Theodosianus, XVI, 2, 3, cf. XVI, 2, 6; A. D. 326.

Since a constitution that has been issued prescribes that thereafter no decurion nor child of a decurion or person with suitable wealth and able to support the public burdens shall have recourse to the name and duties of the clergy, but only those shall be called to the place of the deceased who are of small fortune and are not held liable to civil burdens, we have learned that some have been molested, who before the pro

mulgation of the said law had joined themselves to the company of the priests. Therefore we decree that these shall be free from all annoyance, but those who after the promulgation of the law, to avoid their public duties took recourse to the number of the clergy, shall be separated from that body and restored to their curial rank and made liable for their civil duties.

$59. FAVOR SHOWN THE CHURCH BY CONSTANTINE

Neither on his conversion nor on his attainment of the sole rule of the Empire did Constantine establish the Church as the one official religion of the State. The ruler himself professed the Christian religion and neither abolished the former religion of the State nor disestablished it. But he granted to his own religion favors similar to those enjoyed by the heathen religious systems (a-d), though these privileges were only for the Catholic Church, and not for heretics (e); and he passed such laws as would make it possible for Christians to carry out their religious practices, e. g., that Christians should not be compelled to sacrifice when the laws prescribed sacrifices (ƒ), that Sunday be observed (g), and that celibacy might be practised (h).

Additional source material: Eusebius, Vita Constantini (PNF, ser. II, vol. I), II, 24-42, 46; IV, 18-28. Sozomen, Hist. Ec. (PNF, ser. II, vol. II), I, 9.

(a) Constantine, Ep. ad Cæcilianum, in Eusebius, Hist. Ec., X, 6. (MSG, 20 : 892.)

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

Constantine Augustus to Cæcilianus, Bishop of Carthage. Since it is our pleasure that something should be granted in all the provinces, namely, Africa and Numidia and Mauritania, to certain ministers of the legitimate and most holy Catholic religion, to defray their expenses, I have given writ

ten instructions to Ursus, the illustrious finance minister of Africa, and have directed him to make provision to pay to thy firmness three thousand folles.1 Do thou, therefore, when thou hast received the above sum of money, command that it be distributed among all those mentioned above, according to the brief sent unto thee by Hosius. But if thou shouldest find that anything is wanting for the fulfilment of this my purpose in regard to all of them, thou shalt demand without hesitation from Heracleides, our treasurer, whatever thou findest to be necessary. For I commanded him, when he was present, that if thy firmness should ask him for any money, he should see to it that it be paid without any delay. And since I have learned that some men of unsettled mind wish to turn the people from the most holy and Catholic Church by a certain method of shameful corruption, do thou know that I gave command to Anulinus, the proconsul, and also to Patricius, vicar of the prefects, when they were present, that they should give proper attention not only to other matters, but also, above all, to this, and that they should not overlook such a thing when it happened. Wherefore if thou shouldest see any such men continuing in this madness, do thou without delay go to the above-mentioned judges and report the matter to them; that they may correct them as I commanded them when they were present. The divinity of the great God preserve thee many years.

(b) Constantine, Ep. ad Anulinum, in Eusebius, Hist. Ec., X, 7. (MSG, 20: 893.)

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

Greeting to thee, our most esteemed Anulinus. Since it appears from many circumstances that when that religion is despised in which is preserved the chief reverence for the most 1 A folle was a sum of money, possibly 208 denarii.

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

(c) Codex Theodosianus, XVI, 2, 2; A. D. 319.

By the following law the exemption of the clergy from public burdens was made universal. As many availed themselves of the clerical immunities to escape their burdens as curiales, a law was soon afterward passed limiting access to the ministry to those in humbler social position. V. supra, 58 f.

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

(d) Codex Theodosianus, XVI, 2, 4; A. D. 321.

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

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