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AN ANALYSIS INTO HOW GOVERNMENT IN THE ROMAN EMPIRE

PROMOTED AND SHAPED CHRISTIAN RELIGION IN PRACTICAL
WAYS.

Analysis of the Sirmondian Constitutions reveals that government in the Roman
Empire offered specific support for the Christian religion through three main
avenues of influence. These included promoting the clergy into positions of power
and privilege, discriminating against other sects and religions, and promoting
Christian values in their laws. This support was achieved practically by means of
implementing taxes and fines, posting edicts and letters, seizing land and other
possessions, and implementing severe punishments for failure to obey the new
laws.

The governments power hierarchy shaped the structure of Christianity and judicial
power was increasingly afforded to the clergy, and bishops in particular, as
evidenced in the constitutions. This hierarchy was achieved by two broad methods
distinguishing the Church from the public by law, and allocating responsibilities
and privileges specific to the Church. Unless otherwise stated, these methods were
achieved by directing the courts to implement the new laws, usually through edicts.

Promoting the clergy into power involved first separating them from the common
laws. Title 3 declares that the clergy must be judged in a court of their peers,
separate from the secular courts, stating, clergy shall have their own judges and
shall not have anything in common with the public laws. Title 6 confirms the same,
stating, clerics shall not be permitted to litigate in secular court. This distinction
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between members of the Church and the public effectively made the Church a
powerful ruling party, and played an important role in shaping the Churchs sphere
of influence.

This is particularly evidenced in light of their heightened responsibilities and
privileges. Title 1 of the constitutions offers insight into the power of a bishop in
the courts. The decisions of bishops are pronounced as forever inviolate and
unimpaired, and are affirmed by the law of eternal permanence. Further, it goes
on to declare that the testimony given by a bishop, even though he may be the only
witness, shall be unhesitatingly accepted by every judge, nor shall any other
witness be heard when the testimony of a bishop has been promised by any party
whatsoever.
The incontestable nature of the Bishops decision and testimony made the
institution of the Church a formidable force, and the repercussions of going against
it were severe. For example, Title 15 declares, persons who cannot prove criminal
charges which they have lodged against the clergy, shall undergo the brand of
infamy. The Empire further validated the Church by exempting the Church from
taxes and all other civic duties, so as to be free for the duties of divine preaching
only. The Empires support of this single-minded dedication to divinity placed the
Church in a desirable position where their contribution to society was almost
entirely related to judicial decision making and promoting the Christian religion.


Other rights and responsibilities granted to Bishops, and the clergy in general,
included the right to use ecclesiastical power to prohibit [heretic banquets and
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festivals], and the right to execution (Title 12). Jurisdiction was also given in
regards to settling cases concerning foundlings and captive slaves (Titles 16 and 5).
These related to areas that concerned the Church and were thought to be suitable
for ecclesiastical involvement. They further consolidated the idea of the Church as a
formidable force.


Discrimination against other religions took many forms, and was enforced strictly.
Title 12 details orders to seize the buildings from other religions and vindicate
them to the church. Temples were similarly seized for public use. Any icons and
images were torn down and pagan altars were ordered to be destroyed. Any
income from the temples was taxed and went towards the expenses of the military.
Each of these actions demonstrates the monopoly of the Church, and its strength in
eradicating competition from other religions. This is further evidenced in Title 6,
concerning specific orders against Jews and heretics in general. Jews are prevented
from joining the Imperial service a privileged occupation of the time, and heretics
are banished from the municipalities. Such forcible separation of other religions
from the Church served two purposes. Firstly, it served as validation of the church
and demonstrated its considerable influence. Secondly, it consolidated the churchs
following. By making life more difficult for members of other religions, Christianity
was promoted and made infinitely more attractive.

This direct contrast between the Roman Empires aggressive stance against
heretics and its benevolence towards the Church and Christians can also be seen
elsewhere in the Constitutions. Titles 7 and 8 both incorporated the Christian
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festival of Easter. They order that those in the custody of the prisons shall be
released (excepting those accused of the five capital crimes homicide, high
treason, adultery, astrologers, poisoners and magicians, and counterfeiters).

Additionally, punishments were lightened or even lifted for those willing to convert
to Christianity. Title 5 offers protection for newly converted Christians, stating, if
any Jew should choose to be a Christian, he shall not suffer any disquietude or
molestation from other Jews, and promises severe punishment in proportion to
the crimes committed to any who disobey. Similarly, in Title 6, heretics are given
20 days to genuinely reform to avoid banishment. The empires support of each of
these promotional methods served to shape new understandings of the Christian
religion.


By elevating the clergy into positions of absolute power, by systematically
discriminating against other religions, and by attractive displays of benevolence,
the laws of the Roman Empire can be seen as an effective driving force behind the
development of the Church as an institution.




Bibliography

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The Sirmondian Constitutions in Clyde Pharr (trans.), The Theodosian Code and
Novels and the Sirmondian Constitutions (New York, 1952), pp. 477-486.

Matthews, John, Laying Down the Law: A Study of the Theodosian Code (Oxford,
2000), chapter 6, pp. 121-67.