abandoned. The historian Zozimus, who has preserved these details, deplored the catastrophe as the true cause of the ruin of the empire.1

45. Laws of the Church confirmed by the Laws of the Emperors.

In proportion as Christianity rose and became consolidated on the ruins of paganism, the emperors were not satisfied with merely protecting the public exercise of the Christian worship; they confirmed by their edicts the laws of the Church on faith, morals, and discipline. The general Council of Nice was confirmed by Constantine; the Council of Constantinople, by Theodosius the Great; the Council of Ephesus, by Theodosius the younger; and the Council of Chalcedon, by Marcian. These four councils were placed by Justinian among the laws of the empire. Other edicts confirmed specially particular points of faith, or morals, or discipline; such as the primacy of the Holy See, the sanctification of the Sunday and of fes

4

Zozimus, Hist. lib. iv. p. 797; lib. v. p. 814. Prudentius, lib. i. contra Symmachum. Tillemont, Hist. des Empereurs, vol. v. p. 387. Fleury, Hist. Ecclés. vol. iv. book xix. n. 50. De Ceillier, Hist. des Aut. Ecclés. vol. viii. p. 630. In vol. ii. of Beugnot's work, already cited, there are interesting details on the decline of Paganism in the West, after the reign of Theodosius. These details are omitted here as not entering into our plan.

2 Fleury, Hist. Ecclés. vol. iii. book xi. n. 24; vol. iv. book xviii. n. 9; vol. vi. book xxvii. n. 41; book xxviii. n. 34.

3 "Sancimus igitur vicem legum obtinere sanctas ecclesiasticas regulas, quæ à sanctis quatuor conciliis exposita sunt aut firmatæ, hoc est, in Nicænâ trecentorum decem et octo, et in Constantinopolitanâ sanctorum centum quinquaginta patrum, et in Ephesinâ primâ, in qua Nestorius est damnatus, et in Chalcedonia, in quâ Eutyches cum Nestorio anathematizatus est. Prædictarum enim quatuor synodorum dogmata sicut sanctas Scripturas accipimus, et regulas sicut leges observamus."―Justiniani Novella 131, cap. i. (ad calcem Cod. Justin.) See also the Cod. Justin. lib. i. tit. i. n. 7, 8. Fleury, ibid., vol. vii. book xxxiii. n. 5. Lebeau, Hist. du Bas-Empire, vol. ix. book xli. n. 16.

A constitution published in 445, at the request of Pope St. Leo (Epist. 10), by the Emperors Theodosius the younger and Valentinian III. gives us a remarkable testimony of the piety of these two princes, and of the public faith of that age in the primacy of the Pope. "Certum est et nobis et imperio nostro unicum esse præsidium in supernæ divinitatis favore, ad quem promerendum præcipuè Christiana fides et veneranda nobis religio suffragatur. Cùm igitur sedis apostolicæ primatum, sancti Petri meritum, qui princeps est episcopalis coronæ (i. e. episcopalis dignitatis), et Romanæ dignitas civitatis, sacræ etiàm synodi (Nicæna scilicet) firmaret auctoritas, ne quid præter auctoritatem sedis istius inlicitum præsumptio attentare nitatur; tunc enim demùm Ecclesiarum pax ubique servabitur, si rectorem suum (agnoscat universitas) fidelium... Verùm ne levis saltem inter ecclesias turba nascatur, vel

2

tivals,' the celibacy of the clergy and of nuns, the canons relating to the election of bishops, to residence, and to simony; and the canonical penalties decreed by the Church against the transgressors of her laws; so that in the course of time, there was hardly a single important article of faith or of discipline in the Church, which was not confirmed by imperial decrees.5

in aliquo minui religionis disciplina videatur, hoc perenni sanctione decernimus, ne quid tam episcopis Gallicanis quàm aliarum provinciarum contra consuetudinem veterem liceat, sine viri venerabilis Papæ Urbis æternæ auctoritate tentare; sed illis omnibusque pro lege sit, quidquid sanxit vel sanxerit apostolicae sedis auctoritas; ita ut quisquis episcoporum ad judicium Romani antistitis evocatus venire neglexerit, per moderatorem ejusdem provinciæ adesse cogatur, per omnia servatis quæ divi parentes nostri Romanæ Ecclesiæ detulerunt."-Novell. lib. i. nov. 24 (ad calcem Cod. Theod.) The cause for this constitution is shown by Fleury, Hist. Ecclés. vol. vi. book xxvii. n. 5. Hist. de l'Eglise Gall. vol. ii. an. 445, p. 32, etc.

This constitution was published by Justinian in his Code and his Novellæ. "Sancimus," he says, "secundùm earum (prædictarum) synodorum definitiones, sanctissimum senioris Romæ Papam, primum esse omnium sacerdotum."Justiniani Nov. 131, cap. ii. Cod. Justin. lib. i. tit. i. n. 8. Fleury, Hist. Ecclés. vol. vii. book xxxiii. n. 5.

"Omnes judices, urbanæque plebes, et cunctarum artium officia, venerabili die solis (i. e. dominico die) quiescant. Ruri tamen positi agrorum culturæ liberè inserviant; quoniam frequenter evenit ut non aptiùs alio die frumenta sulcis, aut vineæ scrobibus mandentur; ne occasione momenti pereat commoditas cœlesti provisione concessa."-Cod. Justin. lib. iii. tit. xii. n. 3. Fleury, ibid. vol. iii. book x. n. 27; vol. iv. book xvi. n. 1; vol. v. book xxiv. n. 30 ; vol. vi. book xxix. n. 30; et alibi passim.

A constitution published by Constantine in 320, abolishes the ancient laws which impose penalties on celibacy. "Qui jure veteri calibes habebantur, imminentibus legum terroribus (i.e. pœnis) liberentur; atque ita vivant ac si numero maritorum, matrimonii fœdere fulcirentur; sitque omnibus æqua conditio capessendi (i.e. capiendi ex testamentis) quod quisque mereatur (i.e. de successione vel testamento lucrabitur).”—Cod. Theodos. lib. vi. tit. xvi. n. 1. Fleury, Hist. Eccles. vol. iii. book x. n. 27.

Valentinian I. went farther, and declared virgins and widows exempt from the capitation tax. "In virginitate perpetuâ viventes, et eam viduam de qua ipsa maturitas ætatis pollicetur nulli jam eam esse nupturam, a plebeiæ capitationis injuriâ vindicandas esse decernimus."-Cod. Theod. lib. xiii. tit. x. n. 4. Fleury, ibid. vol. iv. book xvi. n. 1.

Cod. Justin. lib. i. tit. iii. n. 31, 42 et 43. Justin. Novellæ, 123 et 127 (Cod. ad calcem Justin.). The text of these laws is omitted for brevity's sake. A summary of them may be seen in Fleury, ibid. vol. vi. book xxix. n. 30; vol. vii. book xxxii. n. 11; book xxxiii. n. 5.

• Cod. Theodos. lib. xvi. tit. ii. n. 27. Justiniani, Novel. 6, cap. i. § 10. Novella 123, cap. xx.-Ad calcem Cod. Justin.

5 An analysis of these constitutions may be seen in the authors cited above, note 4, p. 60.

Many of these constitutions contain regulations on purely spiritual concerns, which in no manner belong to the temporal power. Such especially are those cited in the preceding note, whose provisions are sanctioned by canonical penalties. It is certain, however, that the emperors, in publishing this kind

46. Temporal Penalties against the Transgressors of those Laws.

The better to insure the observance of their edicts in favour of religion, the Christian emperors frequently added the sanction of temporal penalties against the transgressors of those laws. This was the origin of the temporal penalties with which the public excesses of heresy and impiety were long punished in all Christian states, and which have been so often stigmatized in the harshest terms by the philosophic spirit of these latter times. The importance of the subject compels us to enter into the details on the principal provisions of the Roman law regarding Jews, heretics, and apostates. But before we explain this ancient jurisprudence, so revolting to the customs and to the prejudices of our times, we must transport ourselves in spirit to the age and circumstances in which it was established, and form a true estimate of the principles by which governments were then guided in their relations with the Church.

47. Principles of those Ancient Governments in their relations with the Church. Since total indifference on this subject has become the prevalent and almost universal opinion at present, it is very difficult, and even impossible, for some minds to judge impartially the conduct of a government which should regard such indifference as the greatest of evils, and the greatest of crimes. If we believe a host of modern philosophers and politicians, religion is, as it were, an alien in society; liberty of worship is for nations, as well as for individuals, a natural and inalienable right; the sole object of government is the temporal

of constitution, merely sanctioned the existing discipline; otherwise they would have clearly contradicted the principles professed by themselves on the independence of the Church in spiritual matters, as we shall soon see (infra, n. 51). In support of these views the reader may consult Godefroy, Commentary on the Code Theodos., and the work of Pithou brothers, Observationes ad Codicem et Novellas Justiniani, Paris, 1689, fol. These authors point out in detail the canons of councils, and the other monuments of ecclesiastical discipline, from which the emperors took their constitutions on spiritual matters. See also, on this point, Bossuet, Defens. Declarat. lib. iv. cap. v. Fleury, Hist. Eccles. vol. xix. Discourse vii. n. 4. Pierre Lemerre, Mémoires du Clergé, vol. vii. p. 397. Domat, Traité des Lois, ch. 10, n. 11. Idem, Droit Public, book i. tit. xix. Pey, De l'Autorité des deux Puissances, vol. iv. ch. iii. § 2.

happiness of the subject; or if it meddle at all with religion, it must be solely to secure for all the most complete liberty to say and do in that matter whatever they please. Notions very different, and even diametrically opposed to those of modern philosophy, were held on this point, even by pagan legislators. Religion they believed was the prime good, as it was the prime necessity of man and of society, and crimes of impiety were all opposed to the welfare and the tranquillity of states as they were injurious to the majesty of God; whence they inferred that the first duty of a sovereign was to repress, by severe penalties, these as well as other excesses contrary to public order.

As we have already remarked,3 these principles derived additional force from the deplorable condition of the empire under the first Christian emperors. No society was ever a prey to more powerful causes of dissolution; and consequently, never had it been more necessary to maintain the influence of religion, which could bring to its aid such powerful resources against all the destructive principles to which it was exposed.

48. The Edicts of the Christian Emperors in favour of Religion were founded on those Principles.

These were the real motives of the decrees published by the Christian emperor in favour of religion. They are set forth by Constantine, with equal rigour and precision, in a letter written in 314, to Ablavius, governor of Africa, on the subject of the council of Arles, which was then assembled against the Donatists. "As I know," he says, "that you, like myself, adore and serve the Supreme God, I will declare to you that I do not think it lawful for us to tolerate those divisions and disputes,

Belisaire, ch. xiv. Émile, vol. iii. p. 184, &c. Raynal, Hist. Phil. et Polit. &c. vol. x. p. 14, et alibi passim. The true principles on this matter are explained, and solidly established, in the Censures, published by the Theological Faculty of Paris, against these three works. See especially the conclusion of the censure of Bélisaire, and the Mandement, published in 1767, against the same work, by M. de Beaumont, Archbishop of Paris.

2 See details given on this question in the first article of our Introduction, n. 2, &c.

3 Supra, n. 29, &c.

which may draw down the anger of God, not only on my subjects, but also on myself, whom his divine goodness hath entrusted with the care and direction of all things on the earth. But I have every reason to expect most confidently from his goodness, all sorts of prosperity, when I shall see all my subjects honouring the Catholic religion as they ought, and offering their homage to God, in brotherly union and perfect concord." Constantine's successors frequently refer to similar motives in their edicts against the heretics. This is particularly observable in a decree of Theodosius the younger against the Donatists and Manicheans, and in another of Justinian against all heretics, without distinction. These emperors assign as the motives of their edicts," that whoever violates the religion established by God, sins against public order ;" and "that the crimes which attack the Divine majesty, are infinitely more grievous than those which attack the majesty of the princes of the earth."2

49. These Principles admitted by the most celebrated Modern Writers. It must be remarked that these ancient maxims, on the necessity of repressing by temporal penalties the excesses of impiety, are equally admitted by the most celebrated modern authors, even Protestants themselves. Grotius, Domat, and Montesquieu, prove as an incontestable maxim, that the civil power is bound by all means to repress crimes contrary to religion, because they are of such a nature, that they disturb both public order and the safety of individuals.3 "Most important

Constantini Epistol. ad Ablavium. (Labbe, Concilia, tom. i. p. 1422.) Fleury, Hist. Ecclés. vol. iii. book x. n. 14.

2 Cod. Justin. lib. i. tit. v. n. 5, 19. We shall cite lower down the text of these laws (n. 63). Fuller extracts from the imperial constitutions on this point may be seen in the Droit Public, by Domat, book i. tit. xix.

3 Grotius, De Jure Belli et Pacis, lib. ii. cap. xx. n. 51. Domat, Droit Public, book i. tit. xix. Montesquieu, Esprit des Lois, book xii. ch. iv. v.; xxv. ch. x. On this subject the following works may also be consulted with advantage:-Pey, De l'Autorité des Deux Puissances, vol. iv. part iv. ch. i. ii. De Maistre, Lettres à un Gentilhomme Russe, sur l'Inquisition Espagnole. Frayssinous, Conférences sur les Principes Religieux, fondements de la Morale et de la Société; sur la Tolérance; et sur l'Union reciproque de la Religion et de la Société, vols. i. and iii, of the octavo edition.