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A Source Book for Ancient Church History - Mirrors

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§ 59. Favor Shown the <strong>Church</strong> by Constantine 311By the following law the exemption of the clergy from publicburdens was made universal. As many availed themselves ofthe clerical immunities to escape their burdens as curiales, alaw was soon afterward passed limiting access to the ministryto those in humbler social position. V. supra, § 58 f.Those who in divine worship per<strong>for</strong>m the services of religion—thatis, those who are called clergy—are altogether exemptfrom public obligations, so that they may not be called away fromtheir sacred duties by the sacrilegious malice of certain persons.(d) Codex Theodosianus, XVI, 2, 4; A. D. 321.The <strong>Church</strong> is hereby permitted to receive legacies. Thiswas a recognition of its corporate character in the law, andindirectly its act of incorporation.Every one has permission to leave when he is dying whatsoevergoods he wishes to the most holy Catholic <strong>Church</strong>.…[284](e) Codex Theodosianus, XVI, 5, 1; A. D. 326.Privileges were granted only to the clergy of the Catholic orgreat <strong>Church</strong> as distinguished from heretics and schismatics.The State was, accordingly, <strong>for</strong>ced by its exemptions andprivileges granted the <strong>Church</strong> to take up a position as toheresy and schism. See <strong>for</strong> Constantine's policy towardheresy, Eusebius, Vita Constantini, III. 64 ff. (PNF, ser. II,vol. I.)Privileges which have been bestowed in consideration of religionought to be of advantage only to those who observe the Catholic

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