A Source Book for Ancient Church HistoryAyer, Joseph Cullen
History
A Source Book for Ancient Church History
Ayer, Joseph Cullen
Church history -- Primitive and early church, ca. 30-600 -- Sources
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 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.…
(_e_) _Codex Theodosianus_, XVI, 5, 1; A. D. 326.
Privileges were granted only to the clergy of the Catholic or
great Church as distinguished from heretics and schismatics. The
State was, accordingly, forced by its exemptions and privileges
granted the Church to take up a position as to heresy and schism.
See for Constantine’s policy toward heresy, Eusebius, _Vita
Constantini_, III. 64 _ff._ (PNF, ser. II, vol. I.)
Privileges which have been bestowed in consideration of religion ought to
be of advantage only to those who observe the Catholic law. It is our will
that heathen and schismatics be not only without the privileges but bound
by, and subject to, various political burdens.
(_f_) _Codex Theodosianus_, XVI, 2, 5; A. D. 323.
Public-domain text, read in full here on John Shaqi.
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