4. The fourth head deals with the fact that the birthday of Christ, which the Catholic Church venerates as His taking on Him the true man, because the Word became flesh and dwelt among us, is not truly honored by these men, but they pretend that they honor it, for they fast on that day, as they do also on the Lords Day, which is the day of Christs resurrection.

No doubt they do this because they do not believe that Christ the Lord was truly born in mans nature, but maintain that by a sort of illusion there was an appearance of what was not a reality.

5. Their fifth head refers to their a.s.sertion that mans soul is a part of the divine substance, and that the nature of our human state does not differ from its Creators nature.

6. The sixth points out that they say that the devil never was good and that his nature is not G.o.ds handiwork, but that he came forth of chaos and darkness.

7. In the seventh place follows that they condemn marriage and are horrified at begetting children, in which, as in nearly all things, they agree with the profanity of the Manichans.

8. Their eighth point is that the formation of mens bodies is the device of the devil and that the seed of conception is shaped by the aid of demons in the womb.

9. The ninth notice declares that they say that the sons of promise are born, indeed, of women, conceived by the Holy Spirit; lest the offspring that is born of carnal seed should seem to share in G.o.ds estate.

10. Under the tenth head they are reported as a.s.serting that the souls which are placed in mens bodies have previously been without a body and have sinned in their heavenly habitation and for this reason have fallen from their high estate to a lower one alighting upon ruling spirits of divers qualities, and after pa.s.sing through a succession of powers of the air and stars, some fiercer, some milder, are enclosed in bodies of different sorts and conditions, so that whatever variety and inequality is meted out to us in this life, seems the result of previous causes.

11. Their eleventh blasphemy is that in which they suppose that both the souls and bodies of men are under the influence of fatal stars.

12. The twelfth of these points is this: that they map out the parts of the soul under certain powers and the limbs under others; and they suggest the characters of the inner powers that rule the soul by giving them the names of the patriarchs; and on the other hand, they attribute the signs of the stars to those under which they put the body.

74. The Position of the State Church in the Social Order of the Empire

The elevation of the Church exposed the Church to worldliness whereby selfish men, or men carried away with partisan zeal, took advantages of its privileges or contended fiercely for important appointments. The clergy all too frequently ingratiated themselves with wealthy members of their flocks that they might receive from them valuable legacies, an abuse which had to be corrected by civil law; factional spirit occasionally led to bloodshed in episcopal elections. But on the other hand the Church was employed by the State in an important work which properly belonged to the secular administration, viz., the administration of justice in the episcopal courts of arbitration, for which see _Cod. Just._, I, t.i.t. 3, _de Episcopali Audientia_; _cf._ E. Loening, _Geschichte des deutschen Kirchenrechts_, vol. I; and in the supervision of civil officials in the expenditures of funds for public improvements. These are but instances of their large public activity according to law.

(_a_) Ammia.n.u.s Marcellinus, _Hist. Rom._, XXVII, 3, 12 _ff._ _Cf._ Kirch, nn. 607 _ff._

Damasus and Ursinus.

The strife which attained shocking proportions in connection with the election of Damasus seems to have been connected with the schism at Rome occasioned by the att.i.tude of Liberius in the Arian controversy. Damasus proved one of the ablest bishops that Rome ever had in the ancient Church. For aid in overcoming the partisans of Ursinus a Roman council appealed to the Emperor Gratian, whose answer is given in part above, 72, _e_.

12. Damasus and Ursinus, being both immoderately eager to obtain the bishopric, formed parties and carried on the conflict with great asperity, the partisans of each carrying their violence to actual battle, in which men were wounded and killed. And as Juventius, prefect of the city, was unable to put an end to it, or even to soften these disorders, he was at last by their violence compelled to withdraw to the suburbs.

13. Ultimately Damasus got the best of the strife by the strenuous efforts of his partisans. It is certain that on one day one hundred and thirty-seven dead bodies were found in the Basilica of Sicinus, which is a Christian church. And the populace who had thus been roused to a state of ferocity were with great difficulty restored to order.

14. I do not deny, when I consider the ostentation that reigns at Rome, that those who desire such rank and power may be justified in laboring with all possible exertion and vehemence to obtain their wishes; since after they have succeeded, they will be secure for the future, being enriched by offerings of matrons, riding in carriages, dressing splendidly, and feasting luxuriously, so that their entertainments surpa.s.s even royal banquets.

15. And they might be really happy if, despising the vastness of the city which they excite against themselves by their vices, they were to live in imitation of some of the priests in the provinces, whom the most rigid abstinence in eating and drinking, and plainness of apparel, and eyes always cast on the ground, recommend to the everlasting Deity and His true worshippers as pure and sober-minded men.

(_b_) _Codex Theodosia.n.u.s_, XVI, 2, 20; A. D. 370. _Cf._ Kirch, n. 759.

The following law is only one of several designed to correct what threatened to become an intolerable abuse.

Ecclesiastics and those who wish to be known by the name of the continent(137) are not to come into possession of the houses of widows and orphan girls, but are to be put aside by public courts if afterward the affines and near relatives of such think that they ought to be put away.

Also we decree that the aforesaid may acquire nothing whatsoever from the liberality of that woman to whom privately, under the cloak of religion, they have attached themselves, or from her last will; and all shall be of no effect which has been left by one of these to them, they shall not be able to receive anything by way of donation or testament from a person in subjection. But if, by chance, after the warning of our law, these women shall think something is to be left to them by way of donation or in their last will, let it be seized by the fisc. But if they should receive anything by the will of those women in succession to whom or to whose goods they have the support of the _jus civile_ or the benefit of the edict, let them take it as relatives.

(_c_) _Codex Theodosia.n.u.s_, I, 27, 2; A. D. 408.

Edict of Arcadius, Honorius, and Theodosius II concerning the _Audientia Episcopalis_.

According to Roman law many cases were frequently decided by an arbitrator, according to an agreement between the litigants. The bishops had long acted as such in many cases among Christians. As they did not always decide suits on authorization by the courts, their decisions did not have binding authority in all cases. But after Constantines recognition of the Church they were given authority to decide cases, and according to an edict of 333 their decisions were binding even if only one litigant appealed to his judgment. But this was reduced to cases in which there was an agreement between the parties. The following law, the earliest extant, though probably not the earliest, may be found, curtailed by the omission of the second sentence, in _Cod. Just._, I, 4, 8.

An episcopal judgment shall be binding upon all who chose to be heard by the priests.(138) For since private persons may hear cases between those who consent, even without the knowledge of the judges, we suffer it to be permitted them. That respect is to be shown their decisions which is required to be shown your authority,(139) from which there is no appeal.

By the court and the officials execution is to be given the sentence, so that the episcopal judicial examination may not be rendered void.

(_d_) _Codex Theodosia.n.u.s_, II, 1, 10; A. D. 398.

Law of Arcadius and Honorius.

The following law is cited to show that in the legalization of the _Audientia Episcopalis_ the legislation followed a principle that was not peculiar to the position of the Church as the State Church. The Jews had a similar privilege. The conditions under which their religious authorities could act as arbitrators were similar to that in which the bishops acted. This edict can also be found in _Cod. Just._, I, 9, 8.

Jews living at Rome, according to common right, are in those cases which do not pertain to their superst.i.tion, their court, laws, and rights, to attend the courts of justice, and are to bring and defend legal actions according to the Roman laws; hereafter let them be under our laws. If, indeed, any by agreement similar to that for the appointment of arbitrators, decide that the litigation be before the Jews or the patriarchs by the consent of both parties and in business of a purely civil character, they are not forbidden by public law to choose their courts of justice; and let the provincial judges execute their decisions as if the arbitrators had been a.s.signed them by the sentence of a judge.

(_e_) _Codex Justinia.n.u.s_, I, 4, 26.

The following law of the Emperor Justinian, A. D. 530, is one of many showing the way in which the bishops were employed in many duties of the State which hardly fell to their part as ecclesiastics.

With respect to the yearly affairs of cities, whether they concern the ordinary revenues of the city, either from funds derived from the property of the city, or from legacies and private gifts, or given or received from other sources, whether for public works, or for provisions, or public aqueducts, or the maintenance of baths or ports, or the construction of walls and towers, or the repairing of bridges and roads, or for trials in which the city may be engaged in reference to public or private interests, we decree as follows: The very pious bishop and three men of good reputation, in every respect the first men of the city, shall meet and each year not only examine the work done, but take care that those who conduct them or have been conducting them, shall manage them with exactness, shall render their accounts, and show by the production of the public records that they have duly performed their engagements in the administration of the sums appropriated for provisions, or baths, or for the expenses involved in the maintenance of roads, aqueducts, or any other work.

75. Social Significance of the State Church

The Church at no time degenerated into a mere department of the State. In spite of the worldly pa.s.sions that invaded it and the dissensions that distracted it, the Church remained mindful of its duty as not merely a guardian of the deposit of faith but as a school of Christian morality.

This was the principle of the penitential discipline of the ante-Nicene period. It was saved from becoming a mere form, or lost altogether by the custom which became general after 400, of having the confession of sin made in private. In matters of great moral concern, such as the treatment of slaves, marriage, and divorce, and the cruel sports of the arena, the Church was able to exert its influence and eventually bring about a change in the law. And in standing for righteousness, instances were not lacking when the highest were rebuked by the Church, as in the great case of Ambrose and Theodosius.

(_a_) Leo the Great, _Epistula_ 168, ch. 2. (MSL, 54:1210.) _Cf._ Denziger, n. 145.

Confession should no longer be public, but only private. From the tone of the letter it would appear that private confession had been customary for some time and that public confession had so far gone out of use as to appear as a novelty. _V. supra_, 42.