I. CHURCH AND STATE.

§ 42. THE OVERTHROW OF PAGANISM IN THE ROMAN EMPIRE.[112]

After the overthrow of Licinius (§ 22, 7) Constantine identified

himself unreservedly with Christianity, but accepted baptism only

shortly before his death in A.D. 337. He was tolerant toward paganism,

though encouraging its abandonment in all possible ways. His sons,

however, began to put it down by violence. Julian’s short reign was

a historical anomaly which only proved that paganism did not die a

violent death, but rather gradually succumbed to a _Marasmus senilis_.

Succeeding emperors reverted to the policy of persecution and

extermination.--Neoplatonism, notwithstanding the patronage of

Julian and the brilliant reputation of its leading representatives,

could not reach the goal arrived at, but from the ethereal heights of

philosophical speculation sank ever further and further into the misty

region of fantastic superstition (§ 24, 2). The attempts at regeneration

made by the _Hypsistarians_, _Euphemites_, _Cœlicolæ_, in which paganism

strove after a revival by means of a barren Jewish monotheism or an

effete Sabaism, proved miserable failures. The literary conflict between

Christianity and paganism had almost completely altered its tone.

§ 42.1. =The Romish Legend of the Baptism of Constantine.=--That

Constantine the Great only accepted baptism shortly before his

death in Nicomedia, from Eusebius, bishop of that place, and a

well-known leader of the Arian party (§ 50, 1, 2), is put beyond

question by the evidence of his contemporary Eusebius of Cæsarea

in his _Vita Const._, of Ambrose, of Jerome in his Chronicle,

etc. About the end of the 5th century, however, a tradition,

connecting itself with the fact that a Roman baptistery bore

the name of Constantine, gained currency in Rome, to the effect

that Constantine had been baptised at this baptistery more than

twenty years before his death by Pope Sylvester (A.D. 314-335).

According to this purely fabulous legend Constantine, who

had up to that time been a bitter enemy and persecutor of the

Christians, became affected with leprosy, for the cure of which

he was recommended to bathe in a tub filled with the blood

of an innocent child. Moved by the tears of the mother the

emperor rejected this means of cure, and under the direction of

a heavenly vision applied to the Pope, who by Christian baptism

delivered him from his malady, whereupon all the members of the

Roman senate still heathens, and all the people were straightway

converted to Christ, etc. This legend is told in the so-called

_Decretum Gelasii_ (§ 47, 22), but is first vindicated as

historically true in the _Liber pontificalis_ (§ 90, 6), and

next in A.D. 729, in Bede’s Chronicle (§ 90, 2). In the notorious

_Donatio Constantini_ (§ 87, 4) it is unhesitatingly accepted.

Since then, at first with some exceptions but soon without

exceptions, all chroniclers of the Middle Ages and likewise since

the 9th century the _Scriptores hist. Byzant._, have adopted

it. And although in the 15th century Æneas Sylvius and Nicolaus

[Nicolas] of Cusa admitted that the legend was without foundation,

yet in the 16th century in Baronius and Bellarmine, and in

the 17th in Schelstraate, it found earnest defenders. The

learned French Benedictines of the 17th century were the first

to render it utterly incredible even in the Roman Catholic

church.[113]

§ 42.2. =Constantine the Great and his Sons.=--Constantine’s

profession of Christianity was not wholly the result of political

craft, though his use of the name _Pontifex Maximus_ and in

this capacity the continued exercise of certain pagan practices,

gave some colour to such an opinion. Outbursts of passion,

impulsiveness exhibited in deeds of violence and cruelty, as in

the order for the execution of his eldest son Crispus in A.D. 326

and his second wife Fausta, are met with even in his later years.

Soon after receiving baptism he died without having ever attended

a complete divine service. His toleration of paganism must be

regarded purely as a piece of statecraft. He only prohibited

impure rites and assigned to the Christians but a few of the

temples that had actually been in use. Aversion to the paganism

still prevalent among the principal families in Rome may partly

have led him to transfer his residence to Byzantium, since called

Constantinople, in A.D. 330. His three sons divided the Empire

among them. Constantius (A.D. 337-361) retained the East, and

became, after the death of Constantine II. in A.D. 340 and of

Constans in A.D. 350, sole ruler. All the three sought to put

down paganism by force. Constantius closed the heathen temples

and forbade all sacrifices on pain of death. Multitudes of

heathens went over to Christianity, few probably from conviction.

Among the nobler pagans there was thus awakened a strong

aversion to Christianity. Patriotism and manly spirit came to

be identified with the maintenance of the old religion.[114]

§ 42.3. =Julian the Apostate (A.D. 361-363).=--The sons of

Constantine the Great began their reign in A.D. 337 with the

murder of their male relatives. The brothers Julian and Gallus,

nephews of Constantine, alone were spared; but in A.D. 345 they

were banished to a Cappadocian castle where Julian officiated for

a while as reader in the village church. Having at last obtained

leave to study in Nicomedia, then in Ephesus, and finally in

Athens, the chief representatives of paganism fostered in him the

conviction that he was specially raised up by the gods to restore

again the old religion of his fathers. As early as A.D. 351

in Nicomedia he formally though still secretly returned to

paganism, and at Athens in A.D. 355 he took part in the Eleusinian

mysteries. Soon thereafter Constantius, harassed by foreign wars,

assigned to him the command of the army against the Germans. By

affability, personal courage and high military talent, he soon

won to himself the enthusiastic attachment of the soldiers.

Constantius thought to weaken the evident power of his cousin

which seemed to threaten his authority, by recalling the best

of the legions, but the legions refused obedience and proclaimed

Julian emperor. Then the emperor refused to ratify the election

and treated Julian himself as a rebel. The latter advanced at

the head of his army by forced marches upon the capital, but

ere he reached the city, he received the tidings of the opposing

emperor’s death. Acknowledged now as emperor throughout the

whole empire without any opposition, Julian proceeded with zeal,

enthusiasm and vigour to accomplish his long-cherished wish, the

restoring of the glory of the old national religion. He used no

violent measures for the subversion and overthrow of Christianity,

nor did he punish Christian obstinacy with death, except where it

seemed to him the maintenance of his supremacy required it. But

he demanded that temples which had been converted into churches

should be restored to the heathen worship, those destroyed should

be restored at the cost of the church exchequer and the money for

the state that had been applied to ecclesiastical purposes had to

be repaid. He scornfully referred the clergy thus robbed of their

revenues to the blessedness of evangelical poverty. He also

fomented as much as possible dissension in the church, favoured

all sectaries and heretics, excluded Christians from all the

higher, and afterwards from all the lower, civil and military

offices, and loaded them on every occasion with reproach and

shame, and by these means he actually induced many to apostatise.

In order to discredit Christ’s prophecy in Matt. xxiv. 2, he

resolved on the restoration of the Jewish temple at Jerusalem,

but after having been begun it was destroyed by an earthquake. He

excluded all Christian teachers from the public schools, and also

forbade them in their own schools from explaining the classical

writers who were objected to and contested by them only as

godless; so that Christian boys and youths could obtain a higher

classical education only in the pagan schools. By petty artifices

he endeavoured to get Christian soldiers to take part, if

only even seemingly, in the heathen sacrifices. Indeed at a

later period in Antioch he was not ashamed to stoop to the mean

artifice of Galerian (§ 22, 6) of sprinkling with sacrificial

water the necessaries of life exposed in the public market, etc.

On the other hand, he strove in every way to elevate and ennoble

paganism. From Christianity he borrowed Benevolent Institutions,

Church Discipline, Preaching, Public Service of Song, etc.; he

gave many distinctions to the heathen priesthood, but required

of them a strict discipline. He himself sacrificed and preached

as _Pontifex Maximus_, and led a strictly ascetic, almost a

cynically simple life. The ineffectiveness of his attempts and

the daring, often even contemptuous, resistance of many Christian

zealots embittered him more and more, so that there was now

danger of bloody persecution when, after a reign of twenty

months, he was killed from a javelin blow in a battle against the

Persians in A.D. 363. Shortly before in answer to the scornful

question of a heathen, “What is your Carpenter’s Son doing now?”

it had been answered, “He is making a coffin for your emperor.”

At a later period the story became current that Julian himself,

when he received the deadly stroke, exclaimed, _Tandem vicisti

Galilæe_! His military talents and military virtues had shed a

glory around the throne of the Cæsars such as it had not known

since the days of Marcus Aurelius, and yet his whole life’s

struggle was and remained utterly fruitless and vain.[115]

§ 42.4. =The Later Emperors.=--After Julian’s death, Jovian,

and then on his death in A.D. 364, Valentinian I. († 375),

were chosen emperors by the army. The latter resigned to his

brother Valens the empire of the East (A.D. 364-378). His son and

successor Gratian (A.D. 375-383) at the wish of the army adopted

his eldest half-brother of four years old, Valentinian II., as

colleague in the empire of the West, and upon the death of Valens

resigned the government of the West to the Spaniard Theodosius I.,

or the Great (A.D. 379-395), who, after the assassination of

Valentinian II. in A.D. 392, became sole ruler. After his death

his sons again divided the empire among them: Honorius († 423)

took the West, Arcadius († 408) the East, and now the partitioned

empire continued in this condition until the incursions of the

barbarians had broken up the whole West Roman division (A.D. 476).

Belisarius and Narses, the victorious generals of Justinian I.,

were the first to succeed, between A.D. 533-553, in conquering

again North Africa and all Italy along with its islands. But in

Italy the Byzantine empire from A.D. 569 was reduced in size from

time to time by the Longobards, and in Africa from A.D. 665 by

the Saracens, while even earlier, about A.D. 633, the Saracens

had secured to themselves Syria, Palestine, and Egypt.--Julian’s

immediate successors tolerated paganism for a time. It was,

however, a very temporary respite. No sooner had =Theodosius I.=

quieted in some measure political disorders, than he proceeded

in A.D. 382 to accomplish the utter overthrow of paganism.

The populace and the monks combined in destroying the temples.

The rhetorician Libanius († 395) then addressed his celebrated

discourse Περὶ τῶν ἱερῶν to the emperor; but the remaining

temples were closed and the people were prohibited from visiting

them. In Alexandria, under the powerful bishop Theophilus, there

were bloody conflicts, in consequence of which the Christians

destroyed the beautiful Serapeion in A.D. 391. In vain did

the pagans look for the falling down of the heavens and the

destruction of the earth; even the Nile would not once by causing

blight and barrenness take vengeance on the impious. In the West,

=Gratian= was the first of the emperors who declined the rank of

_pontifex maximus_; he also deprived the heathen priests of their

privileges, removed the foundations of the temple of Fiscus,

and commanded that the altar of Victory should be taken away

from the hall of the Senate in Rome. In vain did Symmachus,

_præfectus urbi_, entreat for its restoration, if not “_numinis_”

yet “_nominis causa_.” =Valentinian II.=, urged on by Ambrose,

sent back four times unheard the deputation that came about this

matter. So soon as =Theodosius I.= became sole ruler the edicts

were made more severe. On his entrance into Rome in A.D. 394 he

addressed to the Roman Senate a severe lecture and called them

to repentance. His sons, Honorius in the West and Arcadius in the

East, followed the example of their father. Under the successor

of the latter, =Theodosius II.= (A.D. 408-450), monks with

imperial authority for the suppression of heathenism traversed

the provinces, and in A.D. 448, in common with =Valentinian III.=

(A.D. 425-455), the western emperor, he issued an edict

which strictly enjoined the burning of all pagan polemical

writings against Christianity, especially those of Porphyry “the

crack-brained,” wherever they might be found. This period is

also marked by deeds of bloody violence. The most horrible of

these was the murder of the noble pagan philosopher Hypatia,

the learned daughter of Theon the mathematician, at Alexandria

in A.D. 415. Officially paganism may be regarded as no longer

existent. Branded long even before this as the religion of the

peasants (such is the derivation of the word paganism), it was

now almost wholly confined to remote rural districts. Its latest

and solitary stronghold was the University of Athens raised to

the summit of its fame under Proclus (§ 24, 2). =Justinian I.=

(A.D. 527-565) decreed the suppression of this school in

A.D. 529. Its teachers fled into Persia, and there laid the

first foundations of the later literary period of Islam under the

ruling family of the Abassidæ at Bagdad (§ 65, 2). This was the

death hour of heathenism in the Roman empire. The Mainottæ in the

mountains of the Peloponnesus still maintained their political

independence and the heathen religion of their fathers down

to the 9th century. In the Italian islands, too, of Sardinia,

Corsica, and Sicily, there were still many heathens even in the

time of Gregory the Great († 604).[116]

§ 42.5. =Heathen Polemics and Apologetics.=--=Julian’s=

controversial treatise Κατὰ Γαλιλαίων λόγοι, in 3 bks. according

to Cyril, in 7 bks. according to Jerome, is known only from the

reply of Cyril of Alexandria (§ 47, 6) which follows it section

by section, the rest of the answers to it having been entirely

lost. Of Cyril’s book only the first ten λόγοι have come down to

us in a complete state, and from these we are able almost wholly

to restore the first book of Julian’s treatise. Only fragments

of the second decade of Cyril’s work are extant, and not even

so much of the third, so that of Julian’s third book we may be

said to know nothing.[117] Julian represented Christianity as a

deteriorated Judaism, but Christolatry and the worship of martyrs

as later falsifications of the doctrine of Christ.--The later

advocates of heathenism, Libanius and Symmachus, were content

with claiming toleration and religious freedom. But when from

the 5th century, under the influence of the barbarians, signs of

the speedy overthrow of the Roman empire multiplied, the heathen

polemics assumed a bolder attitude, declaring that this was

the punishment of heaven for the contempt of the old national

religion, under which the empire had flourished. Such is the

standpoint especially of the historians Eunapius and Zosimus. But

history itself refuted them more successfully than the Christian

apologists; for even these barbarous peoples passed over in

due course to Christianity, and vied with the Roman emperors in

their endeavours to extirpate heathenism. In the 5th century,

the celebrated Neo-Platonist Proclus wrote “eighteen arguments

(ἐπιχειρήματα) against the Christians” in vindication of the

Platonic doctrine of the eternity of the world and in refutation

of the Christian doctrine of creation. The Christian grammarian

John Philoponus (§ 47, 11) answered them in an exhaustive and

elaborate treatise, which again was replied to by the philosopher

=Simplicius=, one of the best teachers in the pagan University

of Athens.--The dialogue =Philopatris=, “the Patriot,” included

among the works of Lucian of Samosata, but certainly not composed

by him, is a feeble imitation of the famous scoffer, in which the

writer declares that he can no longer fitly swear at the Olympic

gods with their many unsavoury loves and objectionable doings,

and with a satirical reference to Acts xvii. 23 recommends

for this purpose “the unknown God at Athens,” whom he further

scurrilously characterizes as ὑψιμέδων θεὸς, υἵος πατρὸς, πνεῦμα

ἐκ πατρὸς ἐκπορευόμενον ἓν ἐκ τριῶν καὶ ἐξ ἑνὸς τρία (§ 50, 1, 7).

Finally he tells of some closely shaven men (§ 45, 1) who were

treated as liars, because, having in consequence of a ten days’

fast and singing had a vision foreboding ill to their fatherland,

their prophecy was utterly discredited by the arrival of an

account of the emperor’s successes in the war against the

Persians. The impudence with which the orthodox Christianity

and the Nicene orthodox formula are sneered at, as well as the

allusions to the spread of monasticism and a victorious war

against the Persians, fix the date of the dialogue in the reign

of Julian, or rather, since the writer would scarcely have had

Julian’s approval in his scoffing at the gods of Olympus, in

the time of the Arian Valens (§ 50, 4). But since the overthrow

of Egypt and Crete is spoken of in this treatise, Niebuhr has

put its date down to the time of the Emperor Nicephoras Phocas

(A.D. 963-969), understanding by Persians the Saracens and by

Scythians the Bulgarians.

§ 42.6. The religion of the =Hypsistarians= in Cappadocia was,

according to Gregory Nazianzen, whose father had belonged to the

sect, a blending of Greek paganism with bald Jewish monotheism,

together with the oriental worship of fire and the heavenly

bodies, with express opposition to the Christian doctrine

of the trinity. Of a similar nature were the vagaries of the

=Euphemites=, “Praise singers,” in Asia, who were also called

_Messalians_, “Petitioners,” or _Euchites_, and in Africa bore

the name of =Cœlicolæ=.

§ 43. THE CHRISTIAN EMPIRE AND THE ECCLESIASTICAL LAW.

As in earlier times the supreme direction of all religious matters

belonged to the Roman Emperor as Pontifex Maximus, so now that

Christianity had become the state religion he claimed for himself

the same position in relation to the church. Even Constantine the

Great regarded himself as ἐπίσκοπος τῶν ἔξω τῆς ἐκκλησίας, and all his

successors exercised the _Jus circa sacra_ as their unquestioned right.

Only the Donatists (§ 63, 1) denied to the state all and any right

over the church. There was no clear consciousness of the limits of this

jurisdiction, but this at least in theory was firmly maintained, that

in all ecclesiastical matters, in worship, discipline and doctrine, the

emperors were not of themselves entitled to issue conclusive decisions.

For this purpose they called Œcumenical Synods, the decrees of which

had legal validity throughout the empire when ratified by the emperor.

But the more the Byzantine empire degenerated and became a centre of

intrigues, the more hurtful did contact with the court become, and

more than once the most glaring heresy for a time prevailed by means

of personal passion, unworthy tricks and open violence, until at last

orthodoxy again secured the ascendency.--From the ordinances issued by

the recognised ecclesiastical and civil authorities upon ecclesiastical

rights, duties and conditions, as well as from the pseudo-epigraphic

apostolic writings already being secretly introduced in this department,

there sprang up during this period a rich and varied literature on canon

law.

§ 43.1. The =Jus circa sacra= gave to the =Emperors= the right of

legally determining all the relations between church and state,

but assigned to them also the duty of caring for the preservation

or restoration of peace and of unity in the church, guarding

orthodoxy with a strong arm, looking after the interests of

the church and the clergy, and maintaining the authority of

ecclesiastical law. Even Constantine the Great excluded all

heretics from the privileges which he accorded to the church,

and regarded it as a duty forcibly to prevent their spread.

The destruction or closing of their churches, prohibition of

public meetings, banishment of their leaders, afterwards seizure

of their possessions, were the punishments which the state

invariably used for their destruction. The first death sentence

on a heretic was issued and executed so early as A.D. 385 by

the usurper Maximus (§ 54, 2), but this example was not imitated

during this period. Constans II. in A.D. 654 gave the first

example of scourging to the effusion of blood and barbarous

mutilation upon a persistent opponent of his union system of

doctrine (§ 52, 8). The fathers of the 4th century were decidedly

opposed to all compulsion in matters of faith (comp. however

§ 63, 1). The right of determining by imperial edict what was

to be believed and taught in the empire was first asserted by

the usurper Basilicus in A.D. 476 (§ 52, 5). The later emperors

followed this example; most decidedly Justinian I. (§ 52, 6)

and the court theologians justified such assumptions from

the emperor’s sacerdotal rank, which was the antitype of that

of Melchizedec [Melchisedec]. The emperor exercised a direct

influence upon the choice of bishops especially in the capital

cities; at a later period the emperor quite arbitrarily appointed

these and set them aside. The church’s power to afford protection

secured for it generally a multitude of outward privileges and

advantages. The state undertook the support of the church partly

by rich gifts and endowments from state funds, partly by the

making over of temples and their revenues to the church, and

Constantine conferred upon the church the right of receiving

bequests of all kinds. The churches and their officers were

expressly exempted from all public burdens. The distinct

judicial authority of the bishops recognised of old was

formally legitimized by Constantine under the name of _Audentia

episcopalis_. The clergy themselves were exempted from the

jurisdiction of civil tribunals and were made subject to an

ecclesiastical court. The right of asylum was taken from the

heathen temples and conferred upon the Christian churches. With

this was connected also the right of episcopal intercession or

of interference with regard to decisions already come to by the

civil courts which were thus in some measure subject to clerical

control.

§ 43.2. =The Institution of Œcumenical Synods.=--The σύνοδοι

οἰκουμενικαί, _Concilia universalia s. generalia_, owe their

origin to Constantine the Great (§ 50, 1). The calling of

councils was an unquestioned right of the crown. A prelate

chosen by the emperor or the council presided; the presence

of the imperial commissioner, who opened the Synod by reading

the imperial edict, was a guarantee for the preservation of

the rights of the state. The treasury bore the expense of

board and travelling. The decisions generally were called ὅροι,

_Definitiones_; if they were resolutions regarding matters of

faith, δόγματα; if in the form of a confession, σύμβολα; if they

bore upon the constitution, worship and discipline, κανόνες. On

doctrinal questions there had to be unanimity; on constitutional

questions a majority sufficed. Only the bishops had the right

of voting, but they allowed themselves to be influenced by the

views of the subordinate clergy. As a sort of substitute for

the œcumenical councils which could not be suddenly or easily

convened we have the σύνοδοι ἐνδημοῦσα at Constantinople, which

were composed of all the bishops who might at the time be present

in the district. At Alexandria, too, these _endemic_ Synods

were held. The _Provincial Synods_ were convened twice a year

under the presidency of the metropolitan; as courts of higher

instances we have the _Patriarchal_ or _Diocesan Synods_ (comp.

§ 46, 1).[118]

§ 43.3. =Canonical Ordinances.=--As canonical decrees

acknowledged throughout the whole of the Catholic national

church or at least throughout the more important ecclesiastical

districts the following may be named.

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