Jews living at Rome, according to common right, are in those cases which do not pertain to their superstition, their court, laws, and rights, to attend the courts of justice, and are to bring and defend legal actions according to the Roman laws; hereafter let them be under our laws. If, indeed, any by agreement similar to that for the appointment of arbitrators, decide that the litigation be before the Jews or the patriarchs by the consent of both parties and in business of a purely civil character, they are not forbidden by public law to choose their courts of justice; and let the provincial judges execute their decisions as if the arbitrators had been assigned them by the sentence of a judge.
(e) Codex Justinianus, I, 4, 26.
The following law of the Emperor Justinian, A. D. 530, is one of many showing the way in which the bishops were employed in many duties of the State which hardly fell to their part as ecclesiastics.
With respect to the yearly affairs of cities, whether they concern the ordinary revenues of the city, either from funds derived from the property of the city, or from legacies and private gifts, or given or received from other sources, whether for public works, or for provisions, or public aqueducts, or the maintenance of baths or ports, or the construction of walls and towers, or the repairing of bridges and roads, or for trials in which the city may be engaged in reference to public or private interests, we decree as follows: The very [pg 384] pious bishop and three men of good reputation, in every respect the first men of the city, shall meet and each year not only examine the work done, but take care that those who conduct them or have been conducting them, shall manage them with exactness, shall render their accounts, and show by the production of the public records that they have duly performed their engagements in the administration of the sums appropriated for provisions, or baths, or for the expenses involved in the maintenance of roads, aqueducts, or any other work.
§ 75. Social Significance of the State Church
The Church at no time degenerated into a mere department of the State. In spite of the worldly passions that invaded it and the dissensions that distracted it, the Church remained mindful of its duty as not merely a guardian of the deposit of faith but as a school of Christian morality. This was the principle of the penitential discipline of the ante-Nicene period. It was saved from becoming a mere form, or lost altogether by the custom which became general after 400, of having the confession of sin made in private. In matters of great moral concern, such as the treatment of slaves, marriage, and divorce, and the cruel sports of the arena, the Church was able to exert its influence and eventually bring about a change in the law. And in standing for righteousness, instances were not lacking when the highest were rebuked by the Church, as in the great case of Ambrose and Theodosius.
(a) Leo the Great, Epistula 168, ch. 2. (MSL, 54:1210.) Cf. Denziger, n. 145.
Confession should no longer be public, but only private. From the tone of the letter it would appear that private confession had been customary for some time and that public confession had so far gone out of use as to appear as a novelty. V. supra, [§ 42].
I direct that that presumptuous violation of the apostolic rule be entirely done away, which we have recently learned [pg 385] has been without warrant committed by some; namely, concerning penance, which is demanded of the faithful, that a written confession in a schedule concerning the nature of each particular sin be not recited publicly, since it suffices that the guilt of conscience be made known by a secret confession to the priests alone. Although that fulness of faith appears to be laudable which on account of the fear of God is not afraid to blush before men, yet because the sins of all are not such that those who demand penance would not be afraid to publish them, let a custom so objectionable be done away; that many may not be deterred from the remedies of penitence, since they are ashamed or are afraid to disclose their deed to their enemies, by which they might be ruined by the requirements of the laws. For that confession suffices which is first offered to God, then further to the priest, who intervenes as with intercessions for the sins of the penitent. In this way many can be brought to penitence if the bad conscience of the one making the confession is not published in the ears of the people.