(_c_) Council of Sardica, A. D. 343 or 344, _Canons_, Bruns, I, 88. _Cf._ Mirbt, n. 113, and Kirch, nn. 448 _ff._

The Council of Sardica was intended to be composed of representatives from the entire Empire who might be able to settle once and for all the Arian question. It met at Sardica on the boundary between the two divisions of the Empire as they were then defined. The Eastern ecclesiastics, strongly Arian, found themselves outnumbered by the Western bishops who supported Athanasius and the Nicene definition of faith. The Eastern representatives withdrew to Philippopolis near by, and held their own council. The following canons were intended to provide a system of appeal for cases like that of Athanasius, and although they do not seem to have been acted upon enough to have become a part of the Churchs system, yet they were of great importance inasmuch as subsequently they were used as late as the ninth century for a support to a wholly different system of appeals.

These canons were very early attributed to the Council of Nica A.

D. 325.

Canon 3. Bishop Hosius said: This, also, it is necessary to addthat bishops shall not pa.s.s from their own province to another province in which there are bishops, unless perchance they are invited by their brethren, that we seem not to close the door to charity. But if in any province a bishop have an action against his brother bishop, neither shall call in as judge a bishop from another province. But if judgment shall have gone against any bishop in a case, and he think that he has a good case, in order that the question may be heard, let us, if it be your pleasure, honor the memory of St. Peter the Apostle, and let those who have tried the case write to Julius, the bishop of Rome, and if he shall decide that the case should be retried, let it be retried, and let him appoint judges; but if he shall be satisfied that the case is such that what has been done should not be disturbed, what has been decreed shall be confirmed.

Is this the pleasure of all? The synod answered: It is our pleasure.

Canon 4. Bishop Gaudentius said: If it please you, it is necessary to add to this sentence, which full of sincere charity thou hast p.r.o.nounced, that if any bishop has been deposed by the judgment of those bishops who happened to be in the vicinity, and he a.s.serts that he has fresh matter in defence, a new bishop is not to be settled in his see, unless the bishop of Rome judge and render a decision as to this.

_Latin Version of Canon 4._ Bishop Gaudentius said: If it please you, there ought to be added to this sentence, which full of holiness thou hast p.r.o.nounced, that if any bishop has been deposed by the judgment of those bishops who dwell in the vicinity, and he a.s.serts that the business ought to be conducted by him in the city of Rome, another bishop should in nowise be ordained in his see after the appellation of him who appears to have been deposed, unless the cause shall have been determined by the judgment of the bishop of Rome.

Canon 5.(129) Bishop Hosius said: Let it be decreed that if a bishop shall have been accused and the a.s.sembled bishops of the same region shall have deposed him from his office, and he, so to speak, appeals and takes refuge with the bishop of the Roman Church and wishes to be heard by him, if he(130) think it right to renew the examination of his case, let him be pleased to write to those of fellow-bishops who are nearest the province that they may examine the particulars with care and accuracy and give their votes on the matter in accordance with the word of truth. And if any one demand that his case be heard yet again, and at his request it seems good to the bishop of Rome to send presbyters from his own side, let it be in the power of that bishop, according as he judges it to be good and decides it to be right, that some be sent to be judges with the bishops and invested with his authority by whom they were sent. And be this also ordained. But if he thinks that they [the bishops] are sufficient for the hearing and determining of the matter of the bishop, let him do what shall seem good in his most prudent judgment.

The bishops answered: What has been said is approved.

(_d_) Gratian and Valentinian, _Rescript_; A. D. 378. (MSG, 13:586.) Mirbt, nn. 118, _f._

This rescript was sent in answer to a pet.i.tion addressed to the emperors by a Roman council under Damasus. It is, therefore, found connected with an epistle in the works of Damasus. It does not seem to have been the foundation of any claim or to have played any considerable part in the development of the Roman primacy. It is of importance in the present connection as ill.u.s.trating the part emperors took in the internal affairs of the Church. For Damasus and the disturbances in connection with his election, _v.

infra_, 74, _a_. The rescript may be found in Mansi, III, 624; Hardouin, I, 842; and in Gieseler, I, 380.

6. If any one shall have been condemned by the judgment of Damasus, which he shall have delivered with the council of five or seven bishops, or by the judgment or council of those who are Catholics, and if he shall unlawfully attempt to retain his church,(131) in order that such a one, who has been called to the priestly judgment, shall not escape by his contumacy, it is our will that such a one be remitted by the ill.u.s.trious prefects of Gaul and Italy, either by the proconsul or the vicars, use having been made of due authority, to the episcopal judgment, and shall come to the city of Rome under an escort; or if such insolence of any one shall appear in parts very far distant, the entire pleading of his case shall be brought to the examination of the metropolitan of the province in which the bishop is, or if he himself is the metropolitan, then of necessity he shall hasten without delay to Rome, or to those whom the Roman bishop shall a.s.sign as judges, so that whoever shall have been deposed shall be removed from the confines of the city in which they were priests. For we punish those who deserve punishment less severely than they deserve, and we take vengeance upon their sacrilegious stubbornness more gently than it merits. And if the unfairness or partiality of any metropolitan, bishop, or priest is suspected, it is allowed to appeal to the Roman bishop or to a council gathered of fifteen neighboring bishops, but so that after the examination of the case shall have been concluded what was settled shall not be begun over again.

(_e_) _Codex Theodosia.n.u.s_, XVI, 1, 2; Feb. 27, A. D. 380. _Cf._ Kirch, n.

755.

The following edict was issued by Gratian, Valentinian and Theodosius, requiring the acceptance of the orthodox faith by all subjects. In other words, the emperors, following the example of Constantius and Valens in enforcing Arianism, are now enforcing the Nicene theology. Sozomenus, _Hist. Ec._, VII, 4, gives the circ.u.mstances under which this edict was issued.

It is our will that all the peoples whom the government of our clemency rules shall follow that religion which a pious belief from Peter to the present declares the holy Peter delivered to the Romans, and which it is evident the pontiff Damasus and Peter, bishop of Alexandria, a man of apostolic sanct.i.ty, follow; that is, that according to the apostolic discipline and evangelical doctrine we believe in the deity of the Father and the Son and the Holy Ghost of equal majesty, in a holy trinity. Those who follow this law we command shall be comprised under the name of Catholic Christians; but others, indeed, we require, as insane and raving, to bear the infamy of heretical teaching; their gatherings shall not receive the name of churches; they are to be smitten first with the divine punishment and after that by the vengeance of our indignation, which has the divine approval.

(_f_) _Codex Theodosia.n.u.s_, XVI, 1, 3.

Gratian, Valentinian, and Theodosius to Auxonius, proconsul of Asia.

To enforce still further the principles of Nicene orthodoxy certain bishops were named as teachers of the true faith, communion with whom was a test of orthodoxy.

We command that all churches be forthwith delivered up to the bishops who confess the Father, the Son, and the Holy Ghost to be of one majesty and power; of the same glory and of one splendor, making no distinction by any profane division, but rather harmony by the a.s.sertion of the trinity of the persons and the unity of the G.o.dhead, to the bishops who are a.s.sociated in communion with Nectarius, bishop of the Church of Constantinople, and with Timotheus in Egypt, bishop of the city of Alexandria; in the parts of the Orient, who are in communion with Pelagius, bishop of Laodica and Diodorus, bishop of Tarsus; in proconsular Asia and in the diocese of Asia, who are in communion with Amphilochius, bishop of Iconium, and Optimus, bishop of Antioch; in the diocese of Pontus, who are in communion with h.e.l.ladius, bishop of Csarea, and Otreius, bishop of Melitina, and Gregory, bishop of Nyssa, Terennius, bishop of Scythia, Marmarius, bishop of Marcianopolis. Those who are of the communion and fellowship of approved priests(132) ought to be admitted to possess the Catholic churches; but all who dissent from the communion of the faith of those whom the special list has named ought to be expelled from the churches as manifest heretics; and no opportunity whatsoever ought to be allowed them henceforth of obtaining episcopal churches(133) that the priestly orders of the true and Nicene faith may remain pure and no place be given to evil cunning, according to the evident form of our precept.

(_g_) Council of Constantinople, A. D. 381. _Address to Theodosius._ See Mansi, III, 557.

The following letter ill.u.s.trates the relation of the councils in the East to the imperial authority. The emperors called the various general councils, directed their discussions and confirmed the results. In this way their findings were given the force of laws and authority throughout the Church. _V. infra_, 90, 91.

To the most religious Emperor Theodosius, the holy synod of bishops a.s.sembled in Constantinople out of different provinces.

We begin our letter to your Piety with thanks to G.o.d, who has established the Empire of your Piety for the common peace of the churches and for the support of the true faith. And, after rendering due thanks unto G.o.d, as in duty bound, we lay before your Piety the things which have been done in the holy synod. When, then, we had a.s.sembled in Constantinople, according to the letter of your Piety, we first of all renewed our unity of heart each with the other, and then we p.r.o.nounced some concise definitions, ratifying the faith of the Nicene Fathers, and anathematizing the heresies which have sprung up contrary thereto. Besides these things, we also framed certain canons for the better ordering of the churches, all which we have subjoined to this our letter. We therefore beseech your Piety that the decree of the synod may be ratified, to the end that as you have honored the Church by your letter of citation, so you should set your seal to the conclusion of what has been decreed. May the Lord establish your Empire in peace and righteousness, and prolong it from generation to generation; and may He add unto your earthly powers the fruition of the heavenly kingdom also. May G.o.d, by the prayers of the saints, show favor to the world, that you may be strong and eminent in all good things as an Emperor most truly pious and beloved of G.o.d.

(_h_) Synod of Antioch, A. D. 341, _Canons_, Bruns, I, 80.

The following canons pa.s.sed at Antioch are the first touching a habit which they did little to correct. The so-called sixth canon of Constantinople, 381, in reality a canon of the council of the next year, took up the matter again. All through the great controversies appeals were constantly made to the emperors because, after all, they alone had the authority. _Cf._ Hefele, 56.

Canon 11. If any bishop, or presbyter, or any one whatever of the canon shall presume to betake himself to the Emperor without the consent and letters of his bishop of the province and particularly of the bishop of the metropolis, such a one shall be publicly deposed and cast out, not only from the communion, but also from the rank which he happens to have had; inasmuch as he dares to trouble the ears of our Emperor, beloved of G.o.d, contrary to the law of the Church. But, if necessary business shall require any one to go to the Emperor, let him do it with the advice and consent of the metropolitan and other bishops in the province, and let him undertake his journey with the letters from them.

Canon 12. If any presbyter or deacon deposed by his own bishop, or any bishop deposed by a synod, shall dare trouble the ears of the Emperor, when it is his duty to submit his case to a greater synod of bishops, and to refer to more bishops the things which he thinks right, and to abide by the examination and decision made by them; if, despising these, he shall trouble the Emperor, he shall be ent.i.tled to no pardon, neither shall he have opportunity of defence, nor any hope of future restoration.

73. Sole Authority of the State Church

When Theodosius had successfully forced upon the East the theology of Nica, his policy as to religious matters was manifest. No longer was heresy to be allowed. Laws were to control opinion in the same way that they did conduct. The old plea of the persecuted Christians under the heathen Roman Empire, _religio non cogi potest_, was completely forgotten.

As Christianity was the one sole religion of divine character, based upon the unique divine act of the incarnation, it was folly to allow men to continue in heathenismit might even be dangerous to the State to allow them, as it might bring down the just vengeance of G.o.d. With this policy the populace was completely in accord, especially when it led to the plunder and destruction of heathen sanctuaries, and many of the more zealous of the clergy were willing to lead in the a.s.sault. In these ways the State Church obtained a two-fold exclusive authority: as regards heathenism, and as regards heresy.

(_a_) _Codex Theodosia.n.u.s._

Laws regarding heathenism.

XVI, 10, 14; A. D. 399.

Whatever privileges were conceded by the ancient laws to the priests, ministers, prefects, hierophants of sacred things, or by whatsoever name they may be designated, are to be abolished henceforth, and let them not think that they are protected by a granted privilege when their religious confession is known to have been condemned by the law.

XVI, 10, 16; A. D. 399.

If there are temples in the fields, let them be destroyed without crowd or tumult. For when these have been thrown down and carried away, the support of superst.i.tion will be consumed.

XVI, 10, 15; A. D. 399.