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
This and the following laws were passed to enable the Christians
to escape from disadvantages in the carrying out of their
religion. This law, that Christians should not be compelled to
sacrifice, was enacted just before the final encounter with
Licinius.
Because we have heard that ecclesiastics and others belonging to the
Catholic religion are compelled by men of different religions to celebrate
the sacrifices of the lustrum, we, by this decree, do ordain that if any
one believes that those who observe the most sacred law ought to be
compelled to take part in the rites of a strange superstition, let him, if
his condition permits, be beaten with staves, but if his rank exempts him
from such rigor, let him endure the condemnation of a very heavy fine,
which shall fall to the State.
(_g_) _Codex Justinianus_; III, 12, 3; A. D. 321. _Cf._ Kirch, n. 748.
Sunday is to be observed.
For the Justinian Code see below, § 94, Introduction.
All judges and city people and the craftsmen shall rest upon the venerable
Day of the Sun. Country people, however, may freely attend to the
cultivation of the fields, because it frequently happens that no other
days are better adapted for planting the grain in the furrows or the vines
in trenches. So that the advantage given by heavenly providence may not
for the occasion of a short time perish.
(_h_) _Codex Theodosianus_. VIII, 16, 1. _Cf._ Kirch, n. 750.
Celibacy was favored by the Church. By the _Lex Julia et Papia
Poppea_ it had been forbidden under a fine and loss of rights
under wills. Childless marriages also rendered the parties liable
to disabilities.
Those who are held as celibates by the ancient law are freed from the
threatened terrors of the laws, and let them so live as if by the compact
of marriage they were among the number of married men, and let all have an
equal standing as to taking what each one deserves. Neither let any one be
held childless; and let them not suffer the penalties set for this. The
same thing we hold regarding women, and freely to all we loose from their
necks the commands which the law placed upon them as a certain yoke. But
there is no application of this benefit to husbands and wives as regards
each other, whose deceitful wiles are often scarcely restrained by the
appointed rigor of the law, but let the pristine authority of the law
continue between such persons.
§ 60. The Repression of Heathenism under Constantine
Public-domain text, read in full here on John Shaqi.
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