CHAPTER IV.

JUSTINIAN.

The submission of the eastern empire and episcopate to Pope Hormisdas, in 519, is a memorable incident in the history of the Church. A large and marked part in it was taken by the man who for thirty-eight years was to rule the eastern empire, to expel the Goths from Italy, thus recovering the original seat of Roman power, and the Vandals from Africa, and so once more attach the great southern provinces, for so many ages the granary of Rome and Italy itself, to the existing Byzantine realm. Before, however, this was done, when, after the death of Theodorick, the Gothic kingdom still subsisted under his grandson Athalarick and his daughter Amalasunta, the emperor Justinian addressed to Pope John II., in the year 533, a letter from which I quote as follows. I preface that this letter was carried to the Pope by two imperial legates, the bishops Hypatius and Demetrius. It begins:[115] "Rendering honour to the Apostolic See and to your Holiness, whom we ever have revered, and do revere, as is befitting a father, we hasten to bring to the knowledge of your Holiness everything which concerns the state of the churches. For the existing unity of your Apostolic See, and the present undisturbed state of God's holy churches, has always been a thing which we have earnestly sought to maintain. And so we lost no time in subjecting and uniting all bishops of the whole eastern region[116] to the See of your Holiness. We have now, therefore, held it necessary that the points mooted, though they are clear and beyond doubt, and have been ever firmly maintained and proclaimed by all bishops according to the teaching of your Apostolic See, should be brought to the knowledge of your Holiness. For we do not allow that anything concerning the state of the churches, clear and undoubted though it be, when once mooted, should not be made known to your Holiness, who is the head of all the holy churches. For, as we said, in all things we hasten to increase the honour and authority of your See." He then proceeds to recite a creed which carefully condemns the errors of Nestorius on the one side, and Eutyches on the other, and acknowledges "the holy and glorious Virgin Mary to be properly and truly Mother of God". At the beginning of this creed he introduces the words: "All bishops of the holy and apostolic Church, and the most reverend archimandrites of the sacred monasteries, following your Holiness, and maintaining that state and unity of God's holy churches which they have from the Apostolic See of your Holiness, changing no wit of that ecclesiastical state which has held and holds now, confess with one consent," &c. And he concludes with the words: "All bishops, therefore, following the doctrine of your Apostolic See, so believe, confess, and preach: for which we have hastened to bring this to the knowledge of your Holiness, by the bishops Hypatius and Demetrius; and we beg your fatherly affection, that by letters addressed to us, and to the bishop and patriarch, your brother, of this imperial city (since he on the same occasion wrote to your Holiness, being earnest in all things to follow the Apostolic See), you would make known to us that your Holiness receives all who make the above true confession. For so the love of all to you and the authority of your See will increase, and the unity of the holy churches with you will be preserved unbroken, when all bishops learn through you the sincere doctrine of your Holiness in what has been reported to you. But we beseech your Holiness to pray for us, and obtain for us the guardianship of God."

Pope John II. acknowledges this letter to "his most gracious son, Justinian Augustus". He highly celebrates the praises of "the most Christian prince," that "in your zeal for faith and charity, instructed in the Church's discipline, you preserve reverence to the See of Rome, and subject all things to it, and bring them to its unity, to the author of which, the first Apostle, the Lord's words were addressed, 'Feed My sheep': which both the rules of the Fathers and the statutes of emperors declare to be the head of all churches, and the reverential words of your Piety attest". The Pope adds: "Your imperial words, brought by the bishops Hypatius and Demetrius, which have been agreed to by our brethren and fellow-bishops, being agreeable to apostolic doctrine, we by our authority confirm". "This, then, is your true faith; this all Fathers of blessed memory and prelates of the Roman Church, whom in all things we follow, this the Apostolic See has to this time preached and maintained unshaken." "And we beseech our God and Saviour Jesus Christ to preserve you long and peacefully in this true religion and unity, and veneration of the Apostolic See, whose principate you, as most Christian and pious, preserve in all things."

In the same year, 533, in which Justinian addressed to the Pope this remarkable recognition of the Roman Primacy, specifying that everything which concerns the whole Church should be brought before the Pope, though it might be already certain and in accordance with established usage, he gave his approval to that collection of laws called in Latin the Digest and in Greek the Pandects, which he had commissioned Tribonian and other great lawyers to draw up. Seventeen commissioners, having power given to them to alter, omit, and correct, selected by his command, out of nearly two thousand volumes, what they considered serviceable in the imperial laws and the decisions of great lawyers. It is a vast repertory of judicial cases in which Roman lawyers seek to apply the general rules of law and natural equity. It was the first attempt since the Twelve Tables to construct an independent centre of right as a whole,[117] and it was confirmed by the authority of the emperor on the 16th December, 533.

As in the whole course of the fifth century, so no less in the sixth, it is necessary to bear in mind the close interweaving of political with ecclesiastical facts. The force and bearing of the one only become intelligible when the others are weighed. In 519, under Pope Hormisdas, the schism of Acacius had collapsed, and the most emphatic acknowledgment of all which the Popes had claimed in the contest with him, and with the emperors Zeno and Anastasius, who favoured him, had taken place. Pope Hormisdas had been succeeded in 523 by Pope John I. Compelled by the king Theodorick to undertake an embassy to the emperor Justin, received at Byzantium with the highest honour as first Bishop of the Church, being also the first Pope who had visited the eastern capital, and crowned with gifts for the churches at Rome, he returned only to die in the dungeon of the Arian prince at Ravenna, in 526. In three months Theodorick had followed to the tomb his three victims—Symmachus, Boethius, and Pope John I. His death had well-nigh broken up the league of Teutonic Arian rulers against the Catholic faith, of which he had been the soul during the thirty-three years of his reign. Justinian had been taken by his uncle Justin as partner of his empire in April, 527, and crowned, together with his wife Theodora, on Easter Day. Four months later he succeeded his uncle in the sole power. At the death of Theodorick, the innate weakness of the Gothic kingdom in Italy, which had been veiled by the personal ability of the sovereign, came to full light. The utter incompatibility between the savage Goth and the cultured Roman showed itself in the rejection of the queen Amalasunta, in the depriving her of her son, and his subsequent corruption and premature death, its result. It was shown also in the retirement of Cassiodorus from the place of counsellor and minister of the Gothic king. Upon the death of Pope John I., in 526, Theodorick had exercised his power in urging the Romans to select Felix for pope. For this permanent injury had been inflicted upon the liberty of the papal election by the foreign occupation of Italy. It began under Odoacer in 483, when the temporal ruler, being a foreigner and an Arian, for the first time sought to mix himself with the election. Twenty years after, under Pope Symmachus, the attempt of Odoacer had been condemned. But what the Herule and the Gothic ruler, both Arians, had begun, the Byzantine emperor, when he recovered possession of Rome, carried on, and the original freedom of election was subjected to the control of the eastern emperor for hundreds of years.

Pope Felix sat until 530, and was then succeeded by Bonifacius II., the son of a Goth; not, however, without a temporary schism, occasioned by the attempt of King Athalarick to exert the arbitrary power used by his grandfather Theodorick in the election. Pope John II. followed in 532. In this Pope's time Cassiodorus was made Prætorian prefect by King Athalarick, and wrote to the Pope as a son to his father: "Be careful to remind me what I am to do. I wish to deal rightly, though I am blamed. A sheep which desires to hear the voice of his shepherd is not so easily led astray; and if he has one who warns continually at his side, can scarcely be criminal. I am, indeed, judge in the palace, but shall not therefore cease to be your disciple. For we execute this office well when we do not in the least depart from your injunctions. Since, then, I wish to be guided by your counsels and supported by your prayers, you must show your hand when there is anything in me otherwise than would be desired. That chair which is the wonder of the whole world should carefully protect its own, since, though it is given to the whole world, yet it admits in you a special local love."[118]

The Pope, to whom the Prætorian prefect of Athalarick, the temporal sovereign, addressed this language, is John II., to whom Justinian, from Byzantium, spoke as a son, and whose primacy he acknowledged in terms so ample, before he became, by the conquest of Belisarius, the temporal lord of Rome; the year, also, before he reconquered Northern Africa by the sword of the same great general.

Justinian, with not less precision than former emperors, acknowledged all his life long the primacy of the Roman See. We need not exclude political motives from this acknowledgment, but we must allow to him the fullest conviction as to its legitimate authority. If now and then, under the impulse of passion or despotic humour, he seemed to disregard its rights, he soon strove again to obtain the Pope's assent to his measures. In his edict to his own patriarch Epiphanius, he declared expressly that he held himself bound accurately to inform the Pope, as head of all bishops, concerning the circumstances of his realm, especially since the Roman Church by its decisions in faith had overthrown the heresies which arose in the East.[119] The imperial theologian was very unwilling to give up the initiative in the determination of ecclesiastical questions; nevertheless, he acknowledged in the Bishop of Old Rome the superior judge without whose confirmation his own steps remained devoid of force and effect.[120]

The man who was born an Illyrian peasant, who was the leading spirit during the nine years' reign of another Illyrian peasant, his uncle, who succeeded him in 527, and ruled the greatest kingdom of the earth during thirty-eight years; to whom the bitter Vandal in Africa and the nobler Goth in Italy yielded up their equally ill-gotten prey; who became the great legislator of the Roman world, by the commission given to his chief lawyers to select and, after correction, tabulate the laws of the emperors his predecessors; to whom, in consequence, the actual nations of Europe owe what was to them the fountain of universal right, demands a somewhat detailed account of his character, his purposes, and his actions. When the prince of the poets of Christendom, the only poet who has spoken in the name and with the voice of Christendom, meets his spirit under the guidance of Beatrice, the emperor utters words the truth of which all must feel: