Haruspices and priests and those accustomed to serve this rite we forbid to enter any private house, or under the pretence of friendship to cross the threshold of another, under the penalty established against them if they contemn the law.(96) But those of you who regard this rite, approach the public altars and shrines and celebrate the solemnities of your custom; for we do not indeed prohibit the duties of the old usage to be performed in broad daylight.

(_b_) _Codex Theodosia.n.u.s_, XVI, 10, 1; A. D. 320-321.

Haruspicia in certain circ.u.mstances to be observed.

If any part of our palace or other public buildings should be struck by lightning let the custom be retained of the ancient observance as to what it signifies, and let it be examined by the haruspices and very carefully written down, collected, and brought to our attention; to others also the permission of practising this custom is conceded, provided they refrain from domestic sacrifices, which are expressly forbidden.

(_c_) _Codex Theodosia.n.u.s_. XV, 1, 3; A. D. 326.

Unfinished heathen temples need not be completed.

We direct that the judges of the provinces be warned not to give orders for any new work before they complete the buildings left incomplete by their predecessors, the erection of temples only being excepted.

61. The Donatist Schism under Constantine

The Donatist schism arose in connection with the Diocletian persecution, in part over the policy of Mensurius of Carthage regarding the fanatical desire for martyrdom and the delivery of the sacred books according to the edict of persecution. Combined with this were the personal ambitions of the Archdeacon Ccilia.n.u.s, the offended dignity of the Primas of Numidia, Bishop Secundus of Tigisi, and the pique of a wealthy female devotee, Lucilla. It was mixed up with the customs of the North African church, whereby the Primas of Numidia exercised a leading authority in the conduct of the election of the bishop of Carthage, and also with the notion prevalent in the same church, for which also Cyprian contended in the controversy on the baptism of heretics [see 52], that the validity of a sacrament depended in some way upon the personal character of the minister of that sacrament. It was a.s.serted by the partisans of Secundus, who elected Majorinus bishop of Carthage, that Felix of Aptunga, the consecrator of Ccilia.n.u.s, who had been elected by the other party, had delivered the sacred books to the heathen officials, and was therefore guilty as a traditor. A schism, accordingly, arose in Carthage which spread rapidly throughout North Africa. The party of Majorinus soon came under the lead of Donatus the Great, his successor in the schismatical see of Carthage. The Donatist schism became of importance almost at once, and as it was inconsistent with Constantines religious policy, which called for Church unity,(97) it presented an immediate difficulty in the execution of laws granting favors to the Catholic Church.(98) On account of the interests involved, the schism was of long duration, lasting after the conquest of North Africa by the Vandals, and even to the Saracen conquest, though long since of no importance.

Anulinus. _Ep. ad Constantinum_, in Augustine, _Ep._ 88. (MSG, 33:303.)

To Constantine Augustus from Anulinus, a man of proconsular rank, proconsul of Africa.

The welcome and adored celestial writings sent by your Majesty to Ccilia.n.u.s, and those who act under him and are called clergy, I have devoutly taken care to record in the archives of my humility, and have exhorted those parties that when unity has been made by the consent of all, since they are seen to be exempt from all other burdens by your Majestys clemency, and having preserved the Catholic unity, they should devote themselves to their duties with the reverence due the sanct.i.ty of the law and to divine things. After a few days, however, there arose some, to whom a crowd of people joined themselves, who thought that proceedings should be taken against Ccilia.n.u.s and presented me a sealed packet wrapped in leather and a small doc.u.ment without seal, and earnestly requested that I should transmit them to the sacred and venerable court of your divinity, which your Majestys most humble servant has taken care to do, Ccilia.n.u.s continuing meanwhile as he was. The acts pertaining to the case have been subjoined, in order that your Majesty may be able to make a decision concerning the whole matter. I have sent two doc.u.ments, one in a leathern envelope ent.i.tled A Doc.u.ment of the Catholic Church, the Charges against Ccilia.n.u.s, Furnished by the Party of Majorinus; the other attached without a seal to the same leathern envelope. Given on the 17th day before the calends of May, in the third consulship of our Lord Constantine Augustus [April 15, 313].

62. Constantines Endeavors to Bring about the Unity of the Church by Means of General Synods: The Councils of Arles and Nica

One of the intentions of Constantine in his support of Christianity seems to have been the employment of the Christian religion as a basis for imperial unity. The policy of several earlier emperors in reviving heathenism, and Galerius in his persecution of the Christians, seems likewise to have been to use religion as a basis of unity. One of the first tasks Constantine encountered after he became sole ruler of the West was to restore the unity of the Church in Africa, which had been endangered by the disputes culminating in the Donatist schism; and when he became sole ruler of the Empire a new task of a similar character was to restore unity to the Church of the East, endangered by the Meletian schism in Egypt [_v. supra_, 57, _a_], the Arian controversy in its first stage [_v. infra_, 63], and the estrangement of the Asia Minor churches, due to the Easter controversy [_v. supra_, 38]. It was a master-stroke of policy on the part of Constantine to use the Churchs conciliar system on an enlarged scale to bring about this unity. The Church was made to feel that the decision was its own and to be obeyed for religious reasons; at the same time the Emperor was able to direct the thought and action of the a.s.sembly in matters of consequence and to give to conciliar action legal and coercive effect. The two great a.s.semblies summoned to meet the problems of the West and of the East were respectively the Councils of Arles, A. D. 314, and of Nica, A. D. 325.

I. The Council of Arles A. D. 314

(_a_) Constantine, _Convocatio concilii Arelatensis_, in Eusebius, _Hist.

Ec._, X, 5. (MSG, 20 :888.) _Cf._ Kirch, nn. 321 _f._; Mirbt, nn. 89, 93-97.

For the Council of Arles, see Hefele, 14, 15.

Constantine Augustus to Chrestus, Bishop of Syracuse. When some began wickedly and perversely to disagree among themselves in regard to the holy worship and the celestial power and Catholic doctrine, I, wishing to put an end to such disputes among them, formerly gave command that certain bishops should be sent from Gaul, and that the opposing parties, who were contending persistently and incessantly with each other, should be summoned from Africa; that in their presence and in the presence of the bishop of Rome the matter which appeared to be causing the disturbance might be examined and decided with all care. But since, as it happens, some, forgetful both of their own salvation and of the reverence due to the most holy religion, do not even yet bring hostilities to an end, and are unwilling to conform to the judgment already pa.s.sed, and a.s.sert that those who expressed their opinions and decisions were few, or that they had been too hasty and precipitate in giving judgment, before all the things which ought to have been accurately investigated had been examinedon account of all this it has happened that those very ones who ought to hold brotherly and harmonious relations toward each other are shamefully, or rather abominably, divided among themselves, and give occasion for ridicule to those men whose souls are alien as to this most holy religion. Wherefore it has seemed necessary to me to provide that this dissension, which ought to have ceased after the judgment had been already given, by their own voluntary agreement, should now, if possible, be brought to an end by the presence of many. Since, therefore, we have commanded a number of bishops from a great many different places to a.s.semble in the city of Arles, before the calends of August, we have thought proper to write to thee also that thou shouldest secure from the most ill.u.s.trious Latronia.n.u.s, Corrector of Sicily, a public vehicle, and that thou shouldest take with thee two others of the second rank whom thou thyself shalt choose, together with three servants, who may serve you on the way, and betake thyself to the above-mentioned place before the appointed day; that by thy firmness and by the wise unanimity and harmony of the others present, this dispute, which has disgracefully continued until the present time, in consequence of certain shameful strifes, after all has been heard, which those have to say who are now at variance with one another, and whom we have likewise commanded to be present, may be settled in accordance with the proper faith, and that brotherly harmony, though it be but gradual, may be restored. May Almighty G.o.d preserve thee in health many years.

(_b_) _Synodal Epistle addressed to Sylvester, Bishop of Rome_, Bruns, II, 107. _Cf._ Kirch, nn. 330-337.

The following extracts give the canons of most importance in the history of the times. The exact wording of the canons has not been retained in the letter, which is the only record extant of the action of the council. The text from which the following is translated is that given by the monks of St. Maur in their _Collectio Conciliorum Galli_, reprinted by Hefele, 15, and Bruns, _Canones Apostolorum et Conciliorum_, II, 107 _ff._ It is to be preferred to the text of Mansi and the older collections.

The first canon settled for the West the long-standing question as to the date of Easter. The Roman custom as to the day of the week and computation of the time of year should be followed everywhere; the same decision was reached at Nica for the East (_v. __ 62, II, a_). As a matter of fact, however, the computation customary at Alexandria eventually prevailed as the more accurate.

The eighth and thirteenth canons touch upon North African disputes. The former overrules the contention of Cyprian and his colleagues, that heretical or schismatical baptisms were invalid.

It also laid down a principle by which Novatianism stood condemned. The thirteenth applied a similar principle to ordination; the crimes of the bishop who gave the ordination should not invalidate the ordination of a suitable person, as was claimed in the case of the ordination of Ccilia.n.u.s by Felix of Aptunga, accused as a _traditor_; further it ruled out the complaints against Felix until more substantial proof be brought, the official doc.u.ments that he had made the tradition required by the edict of persecution.

Marinus and the a.s.sembly of bishops, who have come together in the town of Arles, to the most holy lord and brother Sylvester. What we have decreed with general consent we signify to your charity that all may know what ought to be observed in the future.

1. In the first place, concerning the observation of the Lords Easter, we have determined that it be observed on one day and at one time throughout the world by us, and that you send letters according to custom to all.

8. Concerning the Africans, because they make use of their own law, to the effect that they rebaptize, we have determined that if any one should come from heresy to the Church they should ask him the creed; and if they should perceive that he had been baptized in the name of the Father and of the Son and of the Holy Ghost, hands only should be laid upon him that he might receive the Holy Ghost. That if when asked he should not reply this Trinity, let him be baptized.

9. Concerning those who bring letters of the confessors, it pleased us that these letters having been taken away, they should receive other letters of communion.

13. Concerning those who are said to have given up the Holy Scriptures or the vessels of the Lord or the name of their brethren, it has pleased us whoever of them shall have been convicted by public doc.u.ments and not by mere words, should be removed from the clerical order; though if the same have been found to have ordained any, and those whom they have ordained are worthy, it shall not render their ordination invalid. And because there are many who are seen to oppose the law of the Church and think that they ought to be admitted to bring accusation by hired witnesses, they are by no means to be admitted, except, as we have said above, they can prove their accusations by public doc.u.ments.

II. The Council of Nica

For the Council of Nica, see Hefele, 18-44. All church histories give large s.p.a.ce to the Council of Nica. _V. infra, __63__ ff., __72, a_.

(_a_) Council of Nica, 325. _Synodical Letter_, Socrates, _Hist. Ec._ I, 9. (MSG, 67 :77.) Text in Kirch, nn. 369 _ff._; Mirbt, n. 107.

To the holy and, by the grace of G.o.d, great Church of the Alexandrians, and to our beloved brethren throughout Egypt, Libya, and Pentapolis, the bishops a.s.sembled at Nica const.i.tuting the great and holy synod, send greetings in the Lord.

Since by the grace of G.o.d, a great and holy synod has been convened at Nica, our most pious sovereign Constantine having summoned us out of various cities and provinces for that purpose, it appeared to us indispensably necessary that a letter should be written also to you on the part of the sacred synod; in order that you may know what subjects were brought under consideration, what rigidly investigated, and also what was eventually determined on and decreed. In the first place, the impiety and guilt of Arius and his adherents were examined into, in the presence of our most pious Emperor Constantine: and it was unanimously decided that his impious opinion be anathematized, with all the blasphemous expressions and terms he has blasphemously uttered, affirming that the Son of G.o.d sprang from nothing, and that there was a time when He was not; saying, moreover, that the Son of G.o.d was possessed of a free will, so as to be capable either of vice or virtue; and calling Him a creature and a work.

All these the holy synod has anathematized, having scarcely patience to endure the hearing of such an impious or, rather, bewildered opinion, and such abominable blasphemies. But the conclusion of our proceedings against him you must either have heard or will hear; for we would not seem to trample on a man who has received the chastis.e.m.e.nt which his crime deserved. Yet so strong is his impiety as to involve Theonas, Bishop of Marmarica, and Secundus of Ptolemais; for they have suffered the same condemnation as himself. But the grace of G.o.d freed us from this false doctrine, impiety, and blasphemy, and from those persons who have dared to cause discord and division among the people previously at peace; and there still remained the contumacy of Meletius to be dealt with, and those who had been ordained by him; and we shall now state to you, beloved brethren, what resolution the synod came to on this point. Acting with more clemency toward Meletius, although, strictly speaking, he was wholly undeserving of favor, the council permitted him to remain in his own city, but decreed that he should exercise no authority either to ordain or nominate for ordination; and that he should appear in no other district or city on this pretence, but simply retain a nominal dignity; that those who had received appointments from him, after having been confirmed by a more legitimate ordination, should be admitted to communion on these conditions: that they should continue to hold their rank and ministry, but regard themselves as inferior in every respect to all those who had been previously ordained and established in each place and church by our most honored fellow-minister Alexander. In addition to these things, they shall have no authority to propose or nominate whom they please, or to do anything at all without the concurrence of a bishop of the Catholic Church, who is one of Alexanders suffragans. Let such as by the grace of G.o.d and your prayers have been found in no schism, but have continued in the Catholic Church blameless, have authority to nominate and ordain those who are worthy of the sacred office, and to act in all things according to ecclesiastical law and usage. Whenever it may happen that any of those placed in the Church die, then let such as have been recently admitted into orders be advanced to the dignity of the deceased, provided that they appear worthy, and that the people should elect them, and the bishop of Alexandria confirm their choice. This is conceded to all the others, indeed, but as for Meletius personally we by no means grant the same, on account of his formerly disorderly conduct; and because of the rashness and levity of his character he is deprived of all authority and jurisdiction, as a man liable again to create similar disturbances. These are things which specially affect Egypt and the most holy Church of the Alexandrians; and if any other canon or ordinance should be established, our lord and most honored fellow-minister and brother Alexander being present with us, will on his return to you enter into more minute details, inasmuch as he is not only a partic.i.p.ator in whatever is transacted, but has the princ.i.p.al direction of it. We have also to announce the good news to you concerning the unanimity as to the holy feast of Easter: that this by your prayers has been settled so that all the brethren in the East, who have hitherto kept this festival with the Jews, will henceforth conform to the Romans and to us, and to all who from the earliest times have observed our period of celebrating Easter. Rejoicing, therefore, on account of a favorable termination of matters and in the extirpation of all heresy, receive with the greater honor and more abundant love our fellow-minister and your bishop, Alexander, who has greatly delighted us by his presence, and even at his advanced age has undergone extraordinary exertions in order that peace might be re-established among you. Pray on behalf of us all, that the decisions to which we have so justly come may be inviolably maintained through Almighty G.o.d and our Lord Jesus Christ, together with the Holy Spirit to whom be glory forever. Amen.

(_b_) Council of Nica, Canon 8, _On the Novatians_, Bruns. I, 8.

The Church recognized the substantial orthodoxy of the Novatians, and according to the principles laid down at Arles (cc. 8, 13, 62 _I, b_) the ordination of the Novatians was regarded as valid.

The following canon, although a generous concession on the part of the Church, did not bring about a healing of the schism which lasted several centuries. The last mention of the Novatians is contained in the 95th canon of the second Trullan Council, known as the Quinis.e.xt, A. D. 692.