Religion and loyalty, the second part, or, The history of the concurrence of the imperial and ecclesiastical jurisdiction in the government of the church from the beginning of the reign of Jovian to the end of the reign of Justinian / by Samuel Parker ...

§. VIII. But beside these Laws made to abet the Laws of the Church, he made divers relating to Matters of Religion, which though they concern'd the Church, concern'd the State more, and therefore by vertue of that Authority, that he en∣joyed as a Soveraign Prince antecedently to the Institution of Christianity, he made these Laws meerly by his own Imperial Authority, without consulting the Church, for the Security of the Empire. And a∣mong these, the most remarkable, were the Laws against the Manichees, who thô they pretended to the Name of Christians, under that pretence, warranted the Pra∣ctice of all manner of Wickedness and De∣bauchery, and therefore were prosecuted by the Emperors of all Principles, as the common Enemies of the Peace of Man∣kind, but most severely by this Great and Wise Prince. Though before him (a) 1.1 Va∣lentinian the Elder, when he allowed Li∣berty

to all other Sects, Christi••••s, Jews, and Heathens, by which he embroil'd and endanger'd the Empire, enacted against their Meetings with all manner of severity, as a debaucht sort of People, not to be endured in humane Society. Or as Theodosius the younger expresses it in his Rescript (†) 1.2 against all sorts of He∣reticks, in which the Manichees are named in the last place with this particular severe Character, Et qui ad imam usque scelerum nequitiam pervenerunt Manichaei, as the ve∣ry dregs of all Wickedness. (b) 1.3 And there∣fore they are from time to time outlawed by Theodosius from all civil Rights; and as for their Religion, (c) 1.4 they are thrust down into the Catalogue of Apostates from the Christian Faith, and reckoned in the same rank with Jews and Heathens, and that was a Civility to Men, that were Apostates from humane Nature. Now as to such Laws as these, it is evident, that the Soveraign Power is enabled to enact them in both Capacities, both as a Sove∣reign, and as a Christian Sovereign; and therefore because it belong'd to him to punish all Principles and Practices of De∣bauchery, antecedently to his Christianity, he for that reason proceeded against them without any consulting with the Church, and that is the apparent reason why the

Laws of the Empire against this debaucht Sect of Men are enacted purely by the Imperial Authority; whereas all their. Laws concerning Matters of Christian Faith or Discipline, still warrant them∣selves by the Judgment and Advice of the Church.

But beside these Laws against these hu∣mane Beasts, he enacted divers other Laws against Apostates, Pagans, and Jews, by his own Imperial Authority. His (d) 1.5 first Rescript against Apostates to Paganism was published in the year 381, and it was the first, that was ever publisht against them. For under Constantine and Con∣stantius vast numbers of Heathens turn'd or pretended to turn Christians for a very obvious reason, as too much appears through the whole train of the Story: And the same Men under Julian turn'd Heathens again, and so had the Liberty to continue under Valentinian the Mode∣rate; so that this was the first Emperor that had occasion to give check to the Sin of Apostacy. And indeed he alone, had Power to do it at that time; for when they turn'd Apostates, they were out of the Churches reach, because the utmost Punishment that the Church can inflict, is to cast them out of its Communion, which is here done by the Crime it self.

And therefore such rank Offenders, are only obnoxious to the Civil Powers, for which reason, Christian Princes were usu∣ally the more severe in their Penalties a∣gainst them, and here the Penalty is, as the Lawyers Phrase it, Intestability, or disabling the Offenders from the Power of making a Will, which was under that Government in a great measure to outlaw them, or as it is express't in the next Law, ut sint absque Jure Romano, to deprive them of the Roman Rights and Liberties, of which this was the greatest branch. For, in the Roman Empire there was no settled Inheritance of Estates, but every man disposed of his own as he pleased, by Will; so that to deprive him of this Power, was in a great measure to dispossess him of the Power over his own Estate. And that was the proper Proportion of the Penalty to the Crime, that whoever cast himself out of the Christian Church, should be cast out of the Christian Em∣pire too.

(e) 1.6 In the year 383, he publishes ano∣ther Rescript against Apostates; and in that distinguishes between Catechumenes and Christians baptized, and limits the Penalty of the former Law to the latter sort of Offenders, because they alone, were properly to be accounted Christians,

whereas the Catechumenes were not as yet admitted into the Society of the Chri∣stian Church, but were only Candidates for it, and so they could not in any sense, be term'd Apostates from the Church, who were really never of it. And at the same time, that Theodosius publisht this Rescript in the East, (f) 1.7 Valentinian publisht ano∣ther in the West, against all sorts of Apo∣states, not only to Paganism, but Mani∣cheism, and Judaism. Which he rein∣forced (g) 1.8 in the year 391, limiting the meaning of the Law to the Christians baptized, after the example of Theodosius, by whom he was entirely govern'd in all things, (who indeed was so grateful to the Prince that advanced him to the royal Dignity, that whil'st he lived, he was a kind and tender Father to his Son.) but as he mitigated the Law by restraining its extent, so he enhanced its severity by doubling its Penalties, deposing the Apo∣state from all Honours and Dignities, as well as depriving him of the Power over his own Estate, and this without any hopes of Restitution upon Repentance, Sed nec unquam in statum pristinum revertentur; non flagitium morum obliterabitur poeni∣tentiâ, neque umbrâ aliquâ exquisitae de∣f••nsionis, aut Munimini•• obducetur.

But to return to Theodosius; at the same time that he restrain'd Apostacy by his own Imperial Authority, without any concurrence of the Power of the Church, so did he by the same Power make severe Laws against Paganism it self. (h) 1.9 His first Law against their Sacrifices bears date the same year, and Gothofred thinks it the first that was made since the time of Constantius, which is the Interval of 25 years; and yet he could not be igno∣rant that even Valentinian the Elder made a severe Law against their Night Sacri∣fices; and therefore I suppose the Learned Lawyers meaning is, that this was the first Law that was made in all this time against all Heathen Worship in general;(i) 1.10 and so it was, for there is no other beside that particular Law of Valentinian against the Night Sacrifices. And though Gra∣tian shewed not a little displeasure at Rome against their Idolatry by overthrowing some of their Altars, yet he enacted no Laws against it; whereas this great and pious Prince, is resolutely bent upon its utter Extirpation, and therefore forbids all Heathen Rites whatsoever under pain of Proscription. But having taken away their Sacrifices, he thought good to pre∣serve their Temples, and convert them to some other publick Use, and to this

end, (k) 1.11 he writes the next year to Palla∣dius, injoyning them to let the Temple of Edessa lye open to the common use of the People, in the Nature of an Exchange or a Guildhall, but to be watchful that no Sacrifices be privately offer'd in it, and withal to be careful of preserving the Images wherewith it was adorn'd, for the sake of their Art and Beauty, like the Gyants and Judges in Guildhall. In the year 385 he renews (l) 1.12 his Law against Sacrifices upon pain of Death▪ In the year 391 Valentinian by his Advice, who was then with him at Milan, Publishes (m) 1.13 a Rescript both against Sacrifices, Temples, and Images under a great pecu∣niary Mulct. And himself at the same time Publishes the same Decree (n) 1.14 upon Pain of Death, by which was occasion'd the utter Destruction of the Famous and Ancient Temple of Serapis. And in the year 392 he seals up all, with (o) 1.15 a pe∣remptory Rescript against all the particu∣lar Rites of the Gentile Worship.

And lastly, as for the Jews, he by the same Imperial Authority without the con∣currence of the Church, made some Laws in their favour, to protect and defend them in their Privileges. For all the Em∣perors had all along indulged them the exercise of Discipline among themselves,

by the Power of Excommunication: which was chiefly put in Execution by their Primates or Patriarchs, that pre∣sided over all the Synagogues within a Province, after the same manner as Me∣tropolitans do over all the Churches. These were the Supreme Judges of Scan∣dals and Offences, and beyond them, there lay no appeal to any other Courts. But it seems some of the Emperors, Judges, and Officers (and it is much more easie to bank out the Sea, than the covetous Encroachments of this sort of Men) had broke in upon their Privileges, and usurpt a Power to themselves of commanding the restitution of ejected Persons. But to restrain this disingenuous Abuse and Sub∣version of their Discipline, the Emperor Publishes (p) 1.16 a Rescript to all his Officers, commanding them not to controul the Decrees of the Primates and Patriarchs, who were by the Imperial Law permitted to be the sole Judges in Matters of their Religion. And this was no more than a just and reasonable Civility after the grant of Discipline and Jurisdiction among them∣selves: for that could be of no Effect, if once Offenders might gain Liberty to ap∣peal to foreign Judicatures. And because the Jews had never been forbidden the exercise of their Religion by any Law,

and yet were at that time disturbed in some Parts in the East by some over∣zealous Christians, to the spoiling and destruction of their Synagogues, he writes to the Governor to restrain these Disorders with all possible severity. And this was the occasion of that hot Contest between the Emperor and St. Ambrose, when he enjoyn'd the Bishop of the place to rebuild the Synagogue, because he had encouraged the People to pull it down. In which matter I cannot but think St. Am∣brose was more busie and zealous than be∣came him, (q) 1.17 (as Men of great Spirits are apt to over-do) For what the Empe∣ror enacted in the case, was only as Vin∣dex disciplinae Publicae. When the Impe∣rial Laws had given the Jews Liberty, who had Power to take it away, but the Power that granted it? And therefore if any of the Christians in a violent and tu∣multuary way, took to themselves the liberty of demolishing them contrary to the Imperial Charter, they stood guilty of a Scandalous Riot, both against the Laws of the Empire and the Sovereignty of the Emperor. And whether the Go∣vernment did well or ill in granting the Liberty, the Subjects had no Authority to controul it. They might have addrest to his Imperial Majesty, humbly repre∣senting

the inconveniences of that liber∣ty in that place, which had they done, it is not to be doubted, but this great and pious Prince, would have given them both a wise and an obliging An∣swer. But when in a popular Tumult and out of intemperate zeal, they shall presume to take a liberty to themselves by force to controul the gracious Con∣cessions of their Prince, I think (by the good Fathers leave) that they deserved a more severe correction, then their Prince in his great Clemency was pleased to inflict upon them.

Notes

• (a) 1.1

  De Hae∣ret. l. 3.
• (†) 1.2

  De Hae∣ret. l. 65.
• (b) 1.3

  De Hae∣ret. l. 7.9.11.18.20.
• (c) 1.4

  De Apo∣atis l. 3.
• (d) 1.5

  De Apo∣statis l. 1.
• (e) 1.6

  De Hae∣ret. l. 2.
• (f) 1.7

  De Hae∣ret. l. 3, 4, 5.
• (g) 1.8

  Qui sanctum baptisma prophan.
• (h) 1.9

  De Pa∣ganis, l. 7.
• (i) 1.10

  De Ma∣leficis, l. 7.
• (k) 1.11

  De pag. l. 8.
• (l) 1.12

  De Pag. l. 9.
• (m) 1.13

  Ibid. l. 10.
• (n) 1.14

  Ibid. l. 11.
• (o) 1.15

  Ibid. l. 12.
• (p) 1.16

  De Ju∣dais, l. 8.
• (q) 1.17

  Lib. 5. Epist. 29.