Читать книгу Church History (Vol.1-3) - J. H. Kurtz - Страница 53

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.

§ 43.4. Pseudepigraphic Church Ordinances.—Even so early as the 2nd and 3rd centuries there sprang up no inconsiderable number of writings upon church law, with directions about ethical, liturgical and constitutional matters for the instruction of the church members as well as the clergy, the moral precepts of which are of importance in church procedure as affording a standard for discipline. The oldest probably of these has lately been made again accessible to us in the Teaching of the XII. Apostles, the Didache (§ 30, 7). It designates its contents, even where these are taken not from the Old Testament or the “Gospel,” but from the so-called church practice, as apostolic, with the honest conviction that by means of oral apostolic tradition it may be traced back to the immediate appointment of the Lord, without, however, pseudepigraphically claiming to have been written by the Apostles. Many treatises of the immediately following period, no longer known to us or known only by fragments, occupied the same standpoint. But even so early as the end of the 3rd century pseudepigraphic apostolic fiction makes its appearance in the so-called Apostolic Didascalia, and some sixty years later, it reached its climax in the eight bks. of the so-called Constitutiones Apostolicæ, Διαταγαὶ τῶν ἀπ. διὰ Κλήμεντος. The first six bks. correspond to the previously named Didascalia expanded and variously altered.119 It assumes the form of a prolix epistolary discourse of the Apostle, communicated through Clement of Rome, about everything pertaining to the Christian life, the Catholic system of doctrine, liturgical practice and hierarchical constitution which may be necessary and useful for the laity as well as the clergy to know, with the exclusion, however, of everything which belonged to the department of what was then regarded as the Disciplina arcani (§ 36, 4). Of older writings, so far as known, those principally used are the seven Ignatian Epistles (§ 30, 5). It is post-Novatianist (§ 41, 3) and belongs to a time pre-Constantine but free from persecution (§ 22, 6), and may therefore be placed somewhere between A.D. 260 and A.D. 302. It was written probably in Syria.—While the first six bks. of the Apostolic Constitutions may be compared to the Syrian recension as a contemporary rendition of the Didascalia, the seventh book from an examination of the Didache seems a rendition of that little work, in which the assumption of apostolic authorship is made, and from which everything offensive to the forger and his age is cut out, the old text being otherwise literally reproduced, while into it is cleverly smuggled from his own resources whatever would contribute to the support of his own peculiar views as well as the prevailing practice of the church. The Eusebian symbol, which is given in the 41st chap., is an anti-Nicene, anti-Marcellianist, Arianizing formula, fixing the date of the forgery at the period of the Arian controversy, somewhere between A.D. 340 and A.D. 350 (§ 50, 2).—The eighth book is in great part an unmistakeable forgery compiled from older sources belonging to the 3rd century, some of which are still to be found, and forms a handbook for the discharge of clerical, especially episcopal, duties in the conducting of worship and other clerical functions, e.g. ordination, baptism, etc., together with the relative liturgical formularies, drawn up in a thoroughly legal-like style, in which the Apostles one by one give their contribution with the formula Διατάσσομαι. The composition is probably ante-Nicene, but the date of its incorporation with the other seven books is uncertain.—In most, though not in all, MSS. the Canones Apostolorum, sometimes 50, sometimes 85, in number, are appended to the eighth book as its last chapter. Their standpoint is that common to the canons of the early councils from which they are chiefly borrowed. In respect of contents they treat mainly of the moral behaviour and official functions of the clergy. The 85th contains a Scripture canon of the Old and New Testaments, including the two Epp. of the Roman Clement (§ 30, 3), as well as the Apost. Constitutions, but omitting the Apocalypse of John (comp. § 33, 9). The collection of the apostolic canon cannot have been made before the beginning of the 5th century, and most likely in Syria. Dionysius the Little admitted only the first 50 as Canones qui dicuntur Apostolorum, but Johannes Scholasticus quite unhesitatingly ascribes all the 85 to Clement of Rome. The Second Trullan Council in A.D. 692 (§ 63, 2) acknowledged the genuineness of the 85, but rejected the Apostolic Constitutions as a heretical forgery which had found no general acceptance in the West.—While hitherto it has been surmised that the 7th bk. of the Apost. Constit., as an independent and original work, should be assigned to another and a much later author than the first six bks., Harnack, founding upon his study of the Didache, has come to a clear understanding of their mutual relations. He shows that the original documents lying at the basis respectively of the Didache and the Didascalia are fundamentally distinct in respect of composition and character, but the two in the form in which they lie before us in the Apost. Constit. are undoubtedly the work of one and the same interpolator. We further obtain the equally convincing and surprising result that the author of this forgery is also identical with the author of the thirteen Pseudo-Ignatian Epistles (§ 30, 5), and had in the one case and in the other the same object in view. Finally, he characterizes him as a Syrian cleric well versed in Scripture, especially the Old Testament, but also a shrewd worldly politician, opposed to all strict asceticism, who sought by his forgeries to win apostolic sanction and justification not only for the constitutional and liturgical institutions of the church, as well as the milder practice of his age, but also for his own semi-Arian doctrinal views.

§ 43.5. The Apostolic Church Ordinances120 are, according to Harnack’s careful analysis, a compilation executed in a most scholarly fashion of extracts from four old writings: the Didache, the Ep. of Barnabas, from which the moral precepts are taken, a κατάστασις τοῦ κλήρου from the beginning of the 3rd century, and a κατάστασις τῆς ἐκκλησίας from the end of the 2nd century, with many clumsy alterations and excursuses after the style of the church tradition of its own period, the beginning of the 4th century. Its introduction consists of a formula of greeting modelled upon the Ep. of Barnabas from the twelve Apostles who are designated by name. The list, which begins with the name of John, wants one of the two Jameses and the late chosen Matthias, and the number of twelve is made up by the addition of the name of Nathanael and that of Cephas in addition to that of Peter. Then the Apostles tell that Christ had commanded them to divide among them by lot the Eparchies, Episcopates, Presbyterates, Diaconates, etc., of all lands, and to send forth οἱ λόγοι into the whole οἰκουμένη; then follow these λόγοι, first the moral rules, then the constitutional enactments, both being divided among the several Apostles (Ἰωάννης εἶπεν, Ματθαίος εἶπεν, etc.). The compilation had its origin in Egypt, not, however, at Alexandria, where Athanasius was still unacquainted with it, or at least did not think it worthy of being mentioned among the church manuals (§ 59, 1), while at a later period it was held in the highest esteem by the Copts, Ethiopians, Arabians, etc., and took the first rank among their books on ecclesiastical procedure.