Let them have their basilicas gleaming with gold and clothed with the display of precious marbles, or raised with the magnificence of columns; let them have also possessions stretched out at length, on account of which even the entire faith has been endangered: why do they vindicate for their own impieties the cities common to all Romans, so that they permit no one to live piously in them—cities in which by very many even a vain superstition is cultivated without peril and vindicated without their odium? Let it at least be permitted to the truth to worship Christ our God piously and to adore Him faithfully even amid those most lowly and abject mangers, where at one time this same Christ, an infant born according to the flesh, deigned to lie. This which we ask is not—
Therefore we make this plea, not as though we shrank from being slain for the truth: God is our witness, who is the true beholder of the heart, that by the grace of God it is for us the highest refreshment and a sure hope of the blessedness to come, if we should be butchered for this faithful profession. It is not, then, as men who fear to endure, that we have pursued these matters; but lest the blood of faithful Christians, poured out through the impieties and cruelties of others, should long weigh upon the most devout dominion of your sovereignty.
Above all under you, most religious Augustus Theodosius, who with wondrous devotion league yourself, by a pious confession of the Christian religion, against all heretics, we have believed that great punishment would await us before God, if before you—so religious, so most devout an emperor, consecrated to Christ our God with a divine and most complete fear, whom God Christ has truly chosen for empire—we should keep silent concerning the things that belong to the true faith and the true Church. After these things we do not doubt with what solicitude you act, as a father of the empire, lest in the Roman world the sincerity of the professed faith and communion be afflicted. Whatever more holy thing you shall have done in the cause of the sacred faith and of the professed truth, the more gloriously, both here and forever, shall you reign by the favour of Christ.
I, Marcellinus, presbyter, praying for your most happy empire a secure repose, and in the kingdom of Christ and God perpetual blessedness, most devout emperors. I, Faustinus, who cannot be worthy to be called a presbyter of God, praying that both here you may for many years, by the aid of the most clement Godhead, reign happily, and in the future kingdom of Christ the Son of God may attain perpetual blessedness with the saints, most glorious emperors. TO THESE PETITIONS THE AUGUST LAW THUS REPLIED: (2a.) Hail, Cynegius, most dear to us.
Although in human breasts there ought to be no reverence greater than that for the divine law, nor can anything be added to it—whose lofty pre-eminence, governess of the world and of the earth, guards, in propitious favour, all that the favour of Almighty God has willed to be beneath us—nevertheless, because our clemency has been appealed to through Faustinus and Marcellinus, priests most full of faith, we have come to this point: lest, if nothing had been answered by us to the petitioners, we should seem to assent to those who might have added something to the divine law which we serve, contrary to our own purpose; and therefore we so temper both matters, that we reverence the petition which has been presented, yet desire or command nothing to be joined to the faith out of our own arbitrary judgement.
For no one was ever of so profane a mind that, while he ought to follow the catholic teachers, he should himself determine for the teachers what is to be followed. And truly the commendation of the petitions is praiseworthy and just, which has embraced almost the whole succession of heretical superstition—which is contrary to the catholic faith—together with its order; for it disclosed both whence it arose and by what author it was advanced, seeing that, at the persuasion of certain men, with the antiquity of the whole age subverted, innocent persons, driven for the faith into exile, laid down their life with the highest praise. But vengeance was not deferred upon those who, plotting against good morals and heavenly institutions, for a little while, out of contention—not out of faith but out of faction—perverted the minds of many by their detestable insinuation.
For to such a degree was the patience of Almighty God moved, that the penalty which is owed to the guilty after death, they felt before death, as an example to all. But not even by this deed could they be converted to the precept of God and bent: they press the catholics with hidden machinations, they pursue them, they assail them; so great is the perseverance of their error, that with the followers of other divergent observances they would rather sin daily than think rightly with the catholics.
In this the inference of the petitioners is praiseworthy, who, being in communion with Gregory the Spaniard and Heraclidas of the East—saints indeed and praiseworthy bishops—desire to live in the catholic faith without the assault or annoyance of anyone, and to be harried by no snares or intrigues of assailants, seeing that it pleases them to keep the faith once received with all religion unto eternity. Let it therefore be inviolate, whatever has deserved to be eternal; let no intrigue, no assault, no alien fraud make attempt upon it; let them use their own purpose in whatever place they shall have wished, let them use it for the catholic faith out of divine love, Cynegius, most dear and most beloved parent.
Let your Sublimity so command the precept of our Serenity to be kept—whereby with all favour we venerate the catholic faith, without which we cannot be saved—that it may protect and defend Gregory and Heraclidas, prelates of the sacred law, and the rest of their fellow priests who have given themselves to a like observance, from the injuries of wicked men and heretics; and let all know that this is fixed in our minds, that we believe the worshippers of Almighty God to be none other than catholics. (3.) CONCERNING THE CONSTRUCTION OF THE BASILICA OF THE HOLY APOSTLE PAUL. VALENTINIAN, THEODOSIUS AND ARCADIUS, AUGUSTI, TO SALLUSTIUS, PREFECT OF THE CITY.
Since we desire, in contemplation of a veneration already hallowed from ancient times, to adorn the basilica of the Apostle Paul for the sanctity of religion, to enlarge it for the size of the congregation, to raise it up out of zeal of devotion, the service of your Sublimity was welcome, in that you undertook, as the matter required, to inspect the whole, and made known to the ears of our Serenity, with the diligence of a fitting report, every site and the aspect of the places. For it was fitting that we, better informed, should command the things that are to be commanded. Wherefore, the examination having been shared with the venerable priest, and all things having been made known both to the most magnificent order and to the Christian people, let your Sublimity discuss the matter, which we command, with more diligent handling and full inspection of affairs.
And if it shall please both the people and the senate that the old road, which passes the back of the basilica and adjoins the bank of the river Tiber, be renewed, so that the present way may be applied to the spaces of the future work, then let it direct, through the architects, the plan of the future basilica, so far as the level ground shows itself friendly to the construction, lest any unevenness sully the splendour of the more amplified fabric; since in the whole aspect of walls the highest ornament is that which the very intent of great buildings, at once at first sight, shows ought to be preserved.
Now the matter itself requires this: that both a synopsis of the work to be constructed be drawn up with a faithful examination, and that an estimate of all the costs, according to the prices of things which obtain in the most sacred City, be more fully arranged, and be referred to our Clemency with due maturity; so that by the common counsel of all, the assent of our Serenity also may be added, whereby that which the devout mind has resolved may the more easily be carried out, for the merits of so great a religion. AND IN ANOTHER HAND, THAT OF THE PRINCE: May the Divinity preserve you through many years, most dear and most beloved parent. (4.) LETTER OF CONGRATULATION ON THE ORDINATION OF POPE SIRICIUS. Hail, Pinianus, most dear to us.
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We perceive that the people of the eternal City rejoicing in concord and choosing the best priest is a mark both of the Roman people's tradition, and we congratulate ourselves that this comes to pass in our times. Accordingly, since they have willed that the religious Siricius, a prelate of holiness, so preside over the priesthood, that they assailed the wicked Ursinus with their acclamations, let the aforesaid bishop, to our joy, remain in office, Pinianus, most dear and most delightful; since it is a great example of innocence and probity that in one acclamation the man himself is both chosen and the others rejected. Given on the sixth day before the Kalends of March, at Milan. (5.) WHERE URSINUS AND THOSE WHO ARE WITH HIM ARE RELEASED FROM EXILE. Hail, Praetextatus, most dear to us. Although the punishment may seem to have been just,
which by coercion quieted the faction there turbulently stirred up, in the place where there ought to be the greatest concord—namely in the Church, whether in its seat or in its cause, both of which demand modesty and reverence—nevertheless we take pity, both by the leniency of our own nature and out of regard for religion itself and for the law, upon all who lately, on account of that tumult, were condemned to deportation, Praetextatus, most dear and most delightful. Therefore all who are of his lot and his fault, your most exalted Sublimity shall set free by the authority of our judgement.
But it shall hold this form for the future: that if the same men, restored to their former state, should again do anything in a restless spirit, whereby the reformed tranquillity be disturbed, a most severe sentence shall be pronounced against them. For they can merit no pardon, who do not cease to sin after pardon. (6.) WHERE THE BASILICA OF SICININUS IS RESTORED. VALENTINIAN, VALENS AND GRATIAN TO PRAETEXTATUS, PREFECT OF THE CITY. The author of dissension having been removed, every cause of discord must be lulled to rest, lest, with any matter remaining, it profit nothing to have taken away from the midst the kindling of quarrels, Praetextatus, most dear and most beloved parent.
Wherefore your most exalted Sublimity, having examined the petition of the defenders of the Church of the city of Rome, or of Damasus the prelate of the sacred law—whereby one only out of the churches is said to be still held back from the obedience of the catholic religion by the dissenters—since for the public security it must be feared lest some tumult arise thence again, seeing that no small semblance of separation exists if anything be thus thought closed off, shall command it to be opened to Damasus, so that each and all may know with what zeal unity is to be cultivated, in what peace all men must live, since the congregation, everywhere permitted, demands the fullest concord with the churches restored. (7.) CONCERNING THE EXPELLING OF THE ASSOCIATES OF URSINUS OUTSIDE ROME. THE SAME AUGUSTI TO PRAETEXTATUS, PREFECT OF THE CITY.
So innate is our moderation, that we desire to safeguard public discipline without anyone's ruin. Therefore, since we do not favour occasions of punishment, let it be permitted to the associates and ministers of Ursinus—whom your most exalted Sublimity has thought fit to remove from the midst on account of the peace of the eternal City—to dwell by their own right wherever they shall prefer, without any injury to religion, so that they may seem rather to be sojourners than exiles, Rome only being excepted, for whose tranquillity we are concerned, Praetextatus, most dear and most beloved parent. For it does not concern us what place of habitation they choose, provided that, with the incitements to dissension removed, firm concord be again established among the common people. Given on the day before the Ides of January, in the consulship of the three Augusti.
(8.) THE SAME AUGUSTI TO OLYBRIUS, PREFECT OF THE CITY. You indeed, as you indicated in your recent letters, have willed to render most strenuous zeal, that there might be no discord in the city of Rome and that the Christian people might rejoice in profound security of leisure. But, as far as the writings of the vicariate prefecture of the most distinguished man Aginatius have attested, it still delights some, though calmed, to stir up trouble, and a frequent uproar is roused by gatherings outside the walls, Olybrius, most dear and most beloved parent.
Wherefore let your excellent Sublimity, by the authority of this precept, render service both to the fatherland and to the law, so that for the dissenting people there may be neither religious rite for assembling nor opportunity within the twentieth milestone; so that, if it will not cease, let the mad gathering, as has been commanded, remove itself. For only thus, with all tumults thrust far and wide away, will sure peace be granted to the common people for every age. (9.) THE SAME AUGUSTI TO AGINATIUS THE VICAR.
Desiring to take away every cause of these dissensions—which, as your Prudence has written, confound the most sacred City with the wavering of the Christian people—we command by this letter that among those whom a turbulent separation delights, no assembly be held within the twentieth milestone, Aginatius, most dear and most delightful. Therefore let your proven sincerity carry out, with such a spirit as both a judge and a citizen owes to the restoring of peace and tranquillity, a precept most salutary and one which leaves no room to interpretations out of any ambiguity. You have in this the aid of the urban prefecture also;
for our Serenity has also, with equal judgement, engaged the most distinguished and illustrious man Olybrius against the impious assemblies of the factious, to exclude them by a boundary which is evidently delimited, so that not even in the neighbourhood might that commotion arise which was not to be in the City. And you two will easily furnish what you singly could furnish. (10.) THE SAME AUGUSTI TO OLYBRIUS, PREFECT OF THE CITY.
Since nothing can be more delightful than either abundance or quiet, and the highest felicity is whenever these two are joined together, without doubt your Sublimity perceives how welcome your letters were to us, when they attested both that those had been suppressed who had thrown the most holy law into confusion by tumult and sedition, and that the grain supply of the common fatherland of all had begun little by little to return to its former state. But at these things we are almost not amazed, as at something well known; for we presumed you would be such, when we conferred the prefecture upon your merits, as we found you straightway at the very outset of your administration.
Finally, we do not admonish that your illustrious authority, keeping the same efficacy and devotion, should thoroughly heap up the condition of the common people—whether by the reformation of former discipline, or by the provisions of necessary comforts—with both the glory of moderation and the goods of security, Olybrius, most dear and most beloved parent: for such care is proper to your own genius; it is enough that later things answer to the beginnings. Nor should you so measure the origins of crimes as to think our gentleness must be consulted about the corrections of individuals, since you forestall of your own accord all things from which any confusion can arise, and so solicitously and modestly restrain them, that there is left to us not so much the necessity of urging as the grace of approving. (11.) THE SAME AUGUSTI TO AMPELIUS, PREFECT.
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It has been given to the sentiments of our gentleness, whether by divine gift or by tranquillity of nature, that we do not contend against the crime of offenders with the severity of the laws, and, in hope of future amendment, are willing that the injury of correction be milder than the desert of the guilty provokes, Ampelius, most dear and most beloved parent. Lately provoked by the restlessness of Ursinus, favouring the concord of the Christian people, providing also for the quiet of the most sacred City, we had for the time appointed that the disturber of public tranquillity be by right restrained in one place, within Gaul only, namely lest by the application of his character the harm of dissension be widely scattered.
But softened by the gentleness of our nature, we granted the aforesaid man leave to depart in such wise, that he should not attempt to set foot in the city of Rome, or at least in the suburbicarian regions, nor to pour in the contagion of his wickedness. This we also decree concerning the rest of the associates of his error—namely Gaudentius, Ursus, Rufus, Auxanon, Auxanius, Adiectus, Leontius and Rufinus—that those whom a likeness of wickedness embraces, the same condition of amendment may also bind. But if any one of the aforesaid should think, with sacrilegious intent, that the ordinance of our gentleness is to be transgressed, let him, no longer as a Christian but as one excluded by the reckoning of law and religion, acknowledge the severity of public punishment. But concerning this same observance, to the most distinguished man—
we wish it also to be made known to your censure, that we have given a profitable order to Maximinus, the vicar of the city of Rome, whereby concerning the persons of the aforesaid men, from those who preside over our commonwealth, a more ready execution of the ordinances may be rendered, and greater may be the moderation of those who have perceived that the quality of their own character and acts pertains to the watch-towers of many. AND IN THE EMPEROR'S HAND: Farewell, Ampelius, most dear and most beloved. (12.) THE SAME AUGUSTI TO MAXIMINUS, VICAR OF THE CITY OF ROME. It is a thing divinely ordained for our gentleness, that even though amendment of character in men's life should suffice, we nevertheless never cease from the zeal and will of indulgence, and desire that the injury of correction be milder than the deserts of offenders provoke.
Hence it arises that, to Ursinus—whom, for the quiet of the Christian people and the discipline owed to religion and the laws, we had commanded to remain for the time in one place within Gaul—we would grant the choice of moving about, under this condition, that he dare not travel either to the city of Rome or to the suburbicarian regions. And if with ungrateful obstinacy he should think that the ordinance of our gentleness is to be overstepped, let the severity of the law pursue that same man—no longer as a Christian, since restlessness of mind separates him from the communion of religion, but as a factious man and a disturber of public tranquillity, an enemy of the laws and of religion, Maximinus, most dear and most delightful.
Therefore let your sincerity, our order having been set forth with due reverence in its sequence, address by your own writing the leading men and inhabitants of the several cities and regions over which you temporarily preside, so that they may know that to the aforesaid man liberty of departing within the prescribed bounds by right has been granted, together with the associates of his restlessness or error—Gaudentius, Ursus, Rufus, Auxanon, Auxanius, Adiectus, Leontius, and likewise Rufinus—so that they may understand that entry into the forbidden places is to be abstained from. For thus we temper the indulgence of our gentleness, lest, an occasion being furnished by the vicinity of the restless, we provoke the zeal of the religious people to some outcry, perchance. (13.) CONCERNING THE REBAPTIZERS. GRATIAN AND VALENTINIAN, AUGUSTI.
TO AQUILINUS THE VICAR. The sentences of the ordinary judges are ratified either by the limit of the times, or by the pronouncement against the contumacious, or by an examination held in the presence of the parties; and this middling authority does not fear to be shaken and torn asunder either by the more powerful or by the shameless: what patience, then, will be able to bear our precepts left destitute through your negligence? Which indeed, while you despise it, you rouse, so that it takes on the desperate accents of a long forbearance, and by fear compels its office to be acknowledged.
Is it even more vigorous, that which the madness of Ursinus branded, than what our Serenity persuaded by mild edicts, namely that all who should attempt impious assemblies with religion profaned, be driven even to the hundredth milestone from the City, where a stubborn frenzy, deserted by its followers, might rush headlong to its own destruction only—the one who alone would go astray—and that, condemned by the judgement of rightly-thinking priests, they might afterwards have no return either to the churches which they had defiled, or vainly beg of us by shameless obstinacy a fresh re-opening of the trial?
Let your praiseworthy and proven sincerity recall what letters our Clemency once transmitted to the most distinguished man Simplicius, formerly vicar, and let it cease to hope for a repetition of the mandate, since it is a shame to be repented of, for our gentleness to renew a precept. Ursinus indeed Gaul restrains, and, lest he should stir up any restless commotions, the seclusion of Cologne confines him: whom, however, we have heard, through those who meet him, more often obtruding himself than grieving to this end—that he should the more frequently be cast out. A remote corner of Spain has shut in Isaces under the title of condemnation, who would not well consult for his own head, should the madman stir up any disturbances. The bishop of Parma is the more pernicious, in that he is nearer to the renowned City.
and being near, he agitates the multitude of the ignorant, and disturbs the church from which he was cast down by the judgement of holy prelates—awaiting, forsooth, the empty glory of a graver sentence: whom, had your predecessor possessed any devoted vigour, he ought to have thrust out further beyond the borders. And Florentius of Puteoli, after the condemnation which, convicted by a right judgement, he received, and, having attempted to disturb our gentleness, bore a worthy answer for his wicked offence: after the fifteenth year he attempts again to defile the church from which he had been thrust out, contrives to hold unlawful assemblies, and depraves the multitude—destitute of counsel—by the persuasion of his ruined mind:
relying, of course, on the negligence of our judges, who condone the imperial precepts to private favour, and, because they themselves perhaps neglect the religion which we by right venerate, patiently allow it to be disturbed. Claudianus too, summoned by those who, contrary to divine precepts, renew the initiations of a religion—by those, I say, whom we had ordered to be expelled—as though he had undertaken too little of crime had he remained in Africa, is said to have insinuated himself at Rome, and, a false teacher, strives either to profane with his devious mystery those still without, or to corrupt with a greater outrage those already initiated afresh, since the repetition does not accumulate but overthrows the discipline of the most holy religion.
This Claudianus, pursuing him with a punishment unlike what he deserved, we have commanded, with our severity thus far moved, only to seek again his fatherland. But even now he is said to remain, soliciting the ignorant and seeking empty names for a reward, and destroying the souls of bodies that had been redeemed. Hence those persecutors of the most holy see, not fearing to disturb the bishop Damasus with most base slanders—a man proved of most holy mind, not only by the will of God, which was enough, but also by the examination of the courts, as was even approved by our sainted father Valentinian—after they despaired of being able to overthrow him, now disturb the people for whom he is a hostage to the Divinity. But thus far let the inert dissimulation of the judges have stood;
nor is it necessary to warn to what point a slighted ordinance can proceed; thus far, I say, let the supine sloth of the officials have stood: hereafter, unless you have driven all—as the sum of our order embraces by name, or whomever the consensus of a holy council of bishops shall have shown to be contriving disturbances of this kind—beyond the hundredth milestone from the City, and have commanded them to be exiles from the territories of those cities whose common people or churches they harass, whether by themselves or by a rabble like themselves, then, besides the injury of esteem—whose loss among good men is no light thing—you will incur the guilt of a neglected ordinance.
We will, moreover, that whoever shall have been condemned by the judgement of Damasus, which he shall have held with a council of five or seven bishops, or by the judgement and council of those who are catholic, if he should unjustly wish to retain a church, or, summoned to a priestly judgement, through contumacy not be present, either be sent back to the episcopal judgement by the illustrious men the praetorian prefects of Gaul and Italy with authority applied, or, summoned by the proconsuls or vicars, come to the city of Rome under prosecution; or, if in more distant parts the ferocity of anyone of such a kind should emerge, the whole pleading of his cause be brought to the examination of the metropolitan bishop in the same province, or, if he himself is the metropolitan, let him necessarily contend at Rome, or before those whom the Roman bishop shall have given as judges, without a report; yet in such wise that whoever have been deposed—
let them be separated only from the boundaries of that city in which they had been priests. For we coerce those who have gravely deserved it more mildly, and we avenge sacrilegious obstinacy more leniently than they deserve. But if the iniquity or partiality of a metropolitan bishop, or of any other priest, be suspected, let it be permitted to appeal to the Roman bishop, or to a council of fifteen neighbouring bishops summoned—provided only that, after the examination has been held, what has been determined be not reopened.
Now that principle which natural justice has implanted in our minds even in the affairs of lesser matters and in trifling pleadings of causes, we wish to prevail much more diligently in the most just causes: namely, that it be not easy for anyone lost through notable depravity of morals, or branded with infamous calumny, to assume the person of an accuser, or to profess the giving of testimony in accusation of a bishop. CONCERNING THE THINGS DONE BETWEEN BONIFACE AND EULALIUS, WHEN BOTH, AFTER THE DEATH OF POPE ZOSIMUS, SEIZED THE EPISCOPATE OF THE CITY OF ROME IN THE STRIFE OF AMBITION. (14.) COPY OF THE REPORT OF SYMMACHUS, PREFECT OF THE CITY, TO THE PRINCE HONORIUS, ESTABLISHED AT RAVENNA.
Whatever is done in the city of Rome, it is not fitting for me to keep silent, out of the duty of service which I always render to your Majesty. When the bishop Zosimus had long laboured under a grievous ailment, to such a degree that he was frequently reported dead, it happened that on the second day after my entry he departed this life. Straightway, as was fitting, I admonished the people by an address, that all things should be concluded with the quiet deliberation of the clergy, and that no popular disturbance should intrude itself into the disposing of affairs, since it was certain that in choosing a bishop the judgement of Almighty God must be awaited, my lords the emperors Honorius and Theodosius, pious, happy, renowned, ever victorious, ever Augusti.
I admonished the guild-members also, and I likewise threatened the officials and deterred the leading men of the regions, lest anyone should attempt to disturb the quiet of your City. And this indeed was so observed, that without any uproar all things were concluded. But when the holy man Eulalius had been led to the Lateran church by the people and the clergy for the obsequies of the former bishop, he tarried there for two days with a very great multitude and with several priests, that the accustomed day might be awaited, on which he could be solemnly ordained. While these things were thus, suddenly certain presbyters, with Boniface of the same order, hastened to the church of Theodora with a people gathered together, and, deliberation being held there, began to wish to ordain him himself bishop.