Since a constitution that has been issued prescribes that thereafter no decurion nor child of a decurion or person with suitable wealth and able to support the public burdens shall have recourse to the name and duties of the clergy, but only those shall be called to the place of the deceased who are of small fortune and are not held liable to civil burdens, we have learned that some have been molested, who before the promulgation [pg 281] of the said law had joined themselves to the company of the priests. Therefore we decree that these shall be free from all annoyance, but those who after the promulgation of the law, to avoid their public duties took recourse to the number of the clergy, shall be separated from that body and restored to their curial rank and made liable for their civil duties.
§ 59. Favor Shown the Church by Constantine
Neither on his conversion nor on his attainment of the sole rule of the Empire did Constantine establish the Church as the one official religion of the State. The ruler himself professed the Christian religion and neither abolished the former religion of the State nor disestablished it. But he granted to his own religion favors similar to those enjoyed by the heathen religious systems (a-d), though these privileges were only for the Catholic Church, and not for heretics ([e]); and he passed such laws as would make it possible for Christians to carry out their religious practices, e.g., that Christians should not be compelled to sacrifice when the laws prescribed sacrifices ([f]), that Sunday be observed ([g]), and that celibacy might be practised ([h]).
Additional source material: Eusebius, Vita Constantini (PNF, ser. II, vol. I), II, 24-42. 46; IV, 18-28. Sozomen, Hist. Ec. (PNF, ser. II, vol. II), I, 9.
(a) Constantine, Ep. ad Cæcilianum, in Eusebius, Hist. Ec., X, 6. (MSG, 20:892.)
The probable date of this epistle is A. D. 313, though there is uncertainty. Text in Kirch, nn. 323 f.
Constantine Augustus to Cæcilianus, Bishop of Carthage. Since it is our pleasure that something should be granted in all the provinces, namely, Africa and Numidia and Mauritania, to certain ministers of the legitimate and most holy Catholic religion, to defray their expenses, I have given written [pg 282] instructions to Ursus, the illustrious finance minister of Africa, and have directed him to make provision to pay to thy firmness three thousand folles.[95] Do thou, therefore, when thou hast received the above sum of money, command that it be distributed among all those mentioned above, according to the brief sent unto thee by Hosius. But if thou shouldest find that anything is wanting for the fulfilment of this my purpose in regard to all of them, thou shalt demand without hesitation from Heracleides, our treasurer, whatever thou findest to be necessary. For I commanded him, when he was present, that if thy firmness should ask him for any money, he should see to it that it be paid without any delay. And since I have learned that some men of unsettled mind wish to turn the people from the most holy and Catholic Church by a certain method of shameful corruption, do thou know that I gave command to Anulinus, the proconsul, and also to Patricius, vicar of the prefects, when they were present, that they should give proper attention not only to other matters, but also, above all, to this, and that they should not overlook such a thing when it happened. Wherefore if thou shouldest see any such men continuing in this madness, do thou without delay go to the above-mentioned judges and report the matter to them; that they may correct them as I commanded them when they were present. The divinity of the great God preserve thee many years.
(b) Constantine, Ep. ad Anulinum, in Eusebius, Hist. Ec., X, 7. (MSG, 20:893.)
The following epistle, of the same year as the preceding to Cæcilianus, is the basis of exemptions of the clergy from public duties. The extension of these exemptions was made by the decree of 319, given below. Text in Kirch, n. 325.