The distinction of Christians into clergy and laity was derived from the Jewish Church, and adopted into the Christian by the apostles themselves. Wherever any number of converts was made, as soon as they were capable of being formed into a congregation or church, a bishop or presbyter, with a deacon, were ordained to minister to them, as Epiphanius relates from the ancient histories of the Church. The author of the Comment on St. Paul’s Epistles, under the name of St. Ambrose, says, indeed, that at first all Christ’s disciples were clergy, and had all a general commission to preach the gospel and baptize: but this was in order to convert the world, and before any multitude of people were gathered, or churches founded, wherein to make a distinction. But, as soon as the Church began to spread itself over the world, and sufficient numbers were converted to form themselves into a regular society, then rulers, and other ecclesiastical officers, were appointed among them, and a distinction made that each might not interfere with the other.
The clergy, originally, consisted only of bishops, priests, and deacons; but, in the third century, many inferior orders were appointed, as subservient to the office of deacon, such as subdeacons, acolyths, readers, &c.
There is another name for the clergy, very commonly to be met with in the ancient councils, which is that of canonici: a name derived from the Greek word κάνων, which signifies, among other things, the roll or catalogue of every church, in which the names of the ecclesiastics, belonging to each church, were written.
The privileges and immunities which the clergy of the primitive Christian Church enjoyed, deserve our notice. In the first place, whenever they travelled upon necessary occasions, they were to be entertained by their brethren of the clergy, in all places, out of the public revenues of the Church. When any bishop or presbyter came to a foreign Church, they were to be complimented with the honorary privilege of performing divine offices, and consecrating the eucharist in the church. If any controversies happened among the clergy, they freely consented to have them determined by their bishops and councils, without having recourse to the secular magistrate for justice. The great care the clergy had of the characters and reputations of those of their order appears from hence, that, in all accusations, especially against bishops, they required the testimony of two or three witnesses, according to the apostle’s rule; they likewise examined the character of the witnesses, before their testimony was admitted; nor would they suffer a heretic to give evidence against a clergyman. These instances relate to the respect which the clergy mutually paid to each other.
With regard to the respect paid to the clergy by the civil government, it consisted chiefly in exempting them from some kind of obligations, to which others were liable, and in granting them certain privileges and immunities which others did not enjoy. Thus, by a law of Justinian, no secular judge could compel a bishop to appear in a public court, to give his testimony, but was to send one of his officers to take it from his mouth in private; nor was a bishop obliged to give his testimony upon oath, but only upon his bare word. Presbyters, we find, were privileged from being questioned by torture, as other witnesses were. But a still more extensive privilege was, the exemption of the clergy from the ordinary cognizance of the secular courts in all causes purely ecclesiastical; such being reserved for the hearing of the bishops and councils, not only by the canons of the Church, but by the laws of the state also; as appears from several rescripts of the emperors Constantius, Valentinian, Gratian, Theodosius the Great, Arcadius and Honorius, Valentinian II., and Justinian.
Another privilege, which the clergy enjoyed by the favour of Christian princes, was, that, in certain cases, they were exempt from some of the taxes laid upon the rest of the Roman empire. In the first place, they were exempt from the census capitum, or personal tribute, but not from the census agrorum, or tribute arising from men’s lands and possessions. In the next place they were not obliged to pay the aurum tironicum, soldiers’ money, nor the equorum canonicorum adæratio, horse money; which were taxes laid on some provinces, for furnishing the emperor with new levies, and fresh horses, for the wars. A third tax from which the clergy was exempt was the χρυσάργυροι, the silver and gold tax, which was laid upon trade and commerce; and the fourth, the metatum, so called from the word metatores, which signifies the emperor’s forerunners or harbingers; being a duty incumbent on the subjects of the empire to give entertainment to the emperor’s court and retinue, when they travelled. The clergy were also exempt from contributing to the reparation of highways and bridges, and from the duties called angariæ and parangariæ, &c., by which the subjects were obliged to furnish horses and carriages for the conveying of corn for the use of the army.
Another sort of immunity which the clergy enjoyed, was their exemption from civil offices in the Roman empire. But this privilege was confined to such of the clergy as had no estates, but what belonged to the Church by the laws of Constantine. For the Christian princes always made a wide difference between the public patrimony of the Church, and the private estates of such of the clergy as had lands of a civil or secular tenure. For the one, the clergy were obliged to no duty or burden of civil offices; but for the other, they were, and could not be excused from them otherwise than by providing proper substitutes to officiate for them.
After this account of the privileges of the ancient Christian clergy, it may not be improper to take some notice of the principal laws made for the regulation of their lives and conversations.
And, first, we may observe what sort of crimes were thought worthy of degradation. It was not every slight failing or infirmity, for which a clergyman was degraded, but only crimes of a deeper dye, such as theft, murder, fraud, perjury, sacrilege, and adultery: to which may be added, drinking and gaming, those two great consumers of time, and enemies to all noble undertakings and generous services; as, also, the taking of money upon usury, which is condemned by many of the ancient canons as a species of covetousness and cruelty. And therefore, instead of lending upon usury, the clergy were obliged to be exemplary for the contrary virtues, hospitality and charity to the poor, frugality, and a contempt of the world. And, to guard against defamation and scandal, it was enacted by the canons of several councils, that no bishops, presbyters, or deacons should visit widows and virgins alone, but in the company and presence of some other of the clergy, or some grave Christians.
With regard to the laws, more particularly relating to the exercise of the duties and offices of their function, the clergy were, in the first place, obliged to lead studious lives. But it was not all sorts of studies that were equally recommended to them: the principal was the study of the Holy Scriptures, as being the fountains of that learning, which was most proper for their calling. Next to the Scriptures, they were to study the canons of the Church, and the best ecclesiastical authors. In after ages, in the time of Charles the Great, we find some laws obliging the clergy to read, together with the canons, Gregory’s book “De Cura Pastorali.” As to other books, they were more cautious and sparing in the study and use of them. Some canons forbad a bishop to read heathen authors; nor was he allowed to read heretical books, except when there was occasion to confute them, or to caution others against the poison of them. But the prohibition of heathen learning was to be understood with a little qualification. It was only forbidden so far as it tended to the neglect of Scripture and more useful studies. We pass over the obligations incumbent on them to attend the daily service of the Church, to be pious and devout in their public addresses to God, to be zealous in defending the truth, and maintaining the unity of the Church, &c.