§ 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.

  1. The Canons of the Œcumenical Councils.
  2. The Decrees of several important Particular Synods.
  3. The Epistolæ canonicæ of distinguished bishops, especially those of the Sedes apostolicæ, § [34], preeminently of Rome and Alexandria, pertaining to questions which have had a determining influence on church practice, which were at a later time called at Rome Epistt. decretales.
  4. The canonical laws of the emperors, νόμοι (Codex Theodosianus in A.D. 440, Codex Justinianæus in A.D. 534, Novellæ Justiniani).

The first systematically arranged collection of the Greek church known to us was made by Johannes Scholasticus, then presbyter at Antioch, afterwards Patriarch at Constantinople († 578). A second collection, also ascribed to him, to which were added the canonical νόμοι of Justinian, received the name of the Nomocanon. In the West all earlier collections were put out of sight by the Codex canonum of the Roman abbot Dionysius the Little (§ [47, 23]), to which were also added the extant Decretal Epistles about A.D. 520.