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prejudice of those, who prefer not to appear upon such a A. D. 398. "citation1."

['Bingh.2.

Laws

7. § 3.] Another law published the same day in the East, on the xxXVI. sixth of the calends of August, in the Consulship of Honorius against and Eutychianus, that is, on the twenty-seventh of July, sanctuary. [Bingh. 8. A. D. 398, checks the abuses arising from the intercession 1.] of Clerks and Monks, in order to protect persons charged with debts or crimes. The terms of this law2 are as follows: [2 Cod. Tr. 9. Tit. 40.] "No Clerk or Monk, even of those called Cœnobites", shall 1. 16. "be permitted to reclaim, or forcibly to detain, a condemned [et Cod. "criminal." And afterwards: "Neither shall any withhold Tit. 4. 1.6.] [3 Synodi"or defend the guilty, when he is being conveyed, after his tas, Cod. Justin. ib.] "appeal, to the place of execution; and if the temerity of "the Clerks or Monks shall render it necessary to use open "force, rather than to proceed judicially, let it be notified to us, that we may speedily inflict a severe punishment. "Furthermore, the Bishops shall be called to account, if they "know that the Monks have been guilty, within their

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Justin. 1.

Th. 16. Tit.

[5 Cod. Th.

1. 3. de his

diocese, of any irregularities contrary to this law, and have "neglected to correct them." As the Bishops sometimes ordained those who had been thus protected from imprisonment for crimes or debts, the law adds: "That they ought rather "to choose from among the Monks, such Clerks as they "wanted4." It is by the same law ordained, that "if a [ Cf. Cod. “slave, a debtor, or one charged with any public commission, 2.11. 32. de Episc. "in short, any person under a liability to give an account of any public or private transaction, take sanctuary in the 9. Tit. 45.] "church, and is ordained Clerk, or is defended by the Clerks qui ad “in any manner whatsoever, so that they do not, at the first conf. 66 summons, restore him to his former condition; if he be a "Decurion, or in any public office, the judges shall see that "he be reduced even forcibly to his former condition; nor "shall he be allowed the privilege of the law, which permitted "Decurions to become Clerks on giving up their patrimonies. [ Supr. Moreover, those who take charge of the affairs of the 14.note m.] "Church, and are called Economi7, shall be obliged, without

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The Monks would intercede with the judges for criminals in special cases, and commonly with prevalency, the magistracy expressing a particular reverence to them on such occasions.

This grew into abuse and they would
come in troops-per drungos- and by
force deliver criminals after sentence
was passed upon them. Bingh. 7. 3.
§ 21. Vid. supr. bk. 19. ch. 24.

Eccles.

bk. 19. ch.

ch. 6. note

p.]

A. D. 398. "delay, to make restitution of any debt, public or private, "for which those persons stood bound, whom the Clerks have "refused to produce."

1 Vid. Gothofr.

[ad hanc Jeg. not. a.

* Soc. 6. 5.

It is supposed', that all these decrees belong to the same law, though divided under different heads in the Theodosian Code, and this law is attributed to Eutropius2, who governed the Empire, in the name of Arcadius. It is even said that Eutropius made it, to gratify his private enmity against * Soz. 8. 7. Timasius3, a celebrated general, whose condemnation he pro[A. D. cured, by which he was banished to the desert of Oäsis1, 396.] where he ended his life. Timasius's wife, Pentadia, had taken sanctuary in a church, and Eutropius procured this law, which not only forbids these sanctuaries for the future, but ordains, that they who had already taken refuge, should be forced out. This law seems to have been the occasion of Conc.tom. calling the Council of Carthage", held on the 27th of April, [Mans. 4. 399, where two Bishops, Epigonius and Vincentius, took upon them a deputation to the Emperor, to obtain from him a law to prohibit the forcing from the church those who had taken sanctuary there for certain crimes.

2. p. 1642.

p. 482. C.]

XXXVII. Fall of Eu

tropius.

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Eutropius himself was obliged to violate this law within six months after. His power had risen to the highest pitch. He had the dignity of a Patrician, and had caused himself to be declared Consul in the East, in the year 399, with Theodore in the West; though we have no instance, either before or since, of an Eunuch's being Consul. His riches were immense, and daily increased by confiscations, and the sale of all sorts of employments. Gaïnas, a Goth, general of the forces, could not bear with him, and privately stirred up Soz. 8. 7. Tribigildus, a relation of his, to ravage Phrygia, and the

17, 18.] p.

neighbouring provinces. The Emperor Arcadius, who was betrayed by Gaïnas, was obliged, in order to make peace with Zozim. Tribigildus, to give up' Eutropius, as the cause of all the lib. 5. c. calamities of the Empire. It is even said, that he had affronted the Empress Eudoxia, so far as to threaten to force her from the palaces; and that she, by going to the Emperor in tears, had obliged him to come to a resolution in this matter.

793.

11. 6.

In this extremity Eutropius fled to the church to save his life; and St. Chrysostom generously opposed those who at

1

F. tom. 4.

P. 481.

p. 381.

tempted to force him away. He likewise took occasion, from A. D. 399. the great concourse of people whom this sight had drawn together, to discourse to them on this subject'. He first, by Orat. in Eutrop. A. this example, sets forth the vanity of human affairs, and the tom. 8. 67. uncertainty of an exalted state. "Where now," he says, addressing himself to Eutropius, "are your cup-bearers? your "attendants who made way for you2 in the streets, and who Bened.] "flattered you? They are fled, they have renounced your Bourres.] "friendship, they seek their own safety by your ruin. We "do not act thus; the Church3, to whom you have offered [p. 382. A.J " violence, opens her bosom to receive you; and the theatres, "which you have supported at so vast an expense, which "have so often been the cause of your indignation against

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lantur.

ibid. D.]

us, have betrayed you. I say not this to insult over him "that is fallen, but to strengthen those that yet stand." He adds further, speaking of Eutropius: "Yesterday, when they "came from the palace to force him hence, he ran to the "sacred vessels, pale as death, trembling all over, with [ mox βῆμα sive "chattering teeth and stammering tongue." Then recom- ara appelmending him to their compassion, he adds: "You will say, Bened. "He hath shut the doors of this sanctuary by divers laws;' Bingh. 8. 6.] "but experience hath taught him what mischief he hath [p. 383. A.] "done; he himself is the first that hath broken the law, and "his disgrace is become a warning to all. The Altar now "appears more terrible, for it holdeth the lion chained; like "the image of our Prince, treading under foot the vanquished "and captive barbarians." He goes on: "Have I soothed "your passion? Have I assuaged your anger? Have I ex"tinguished your cruelty? Have I raised your compassion? "Yes, your looks, these torrents of tears declare it. Come "then, let us throw ourselves at the feet of the Emperor; "or rather, let us beseech the GoD of mercy, to inspire his "heart with pity, that he may grant us the favour we ask in "full. He is already changed; as soon as he heard that "Eutropius had fled for refuge to this holy place, he "harangued at length his court and troops, who strove to

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exasperate him against the criminal, and were clamorous "for his death. The Emperor shed tears, and made mention "of the Holy Table, whither he had fled for safety, and thus "did he appease their rage. After this, what mercy can you

A. D. 399. " deserve, if you retain yours? How will you approach the Mysteries, and say the Prayer in which we entreat forgiveness even as we forgive? Let us rather pray to the "GOD of mercy to deliver this unhappy man from death, and

miss. DEI ap. Prosp.

[tom. 2.

P. 129.]
S. Chrys.
Serm, in

Ps. 44. A.
tom. 5. p.

3. p. 386.]

16. 18.

66

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I grant him time to put away his crimes;" St. Chrysostom refers here to Holy Baptism, for Eutropius was a pagan.

This discourse had the desired effect; and St. Chry1 De pro- sostom saved the life of Eutropius', but not without difficulty, and some blows. The people came to the church in arms, P. 3. c. 38. drew their swords, and brought the holy Bishop to the palace, where he was charged with the discourse which he2 had made as with a crime, and threatened with death. He was unmoved, nor would he deliver up Eutropius, thus 100. [tom, proving, as he says, the invincible power of the Church, St. Matt. founded upon the Rock3: the Church, he adds, which consists not in a building, walls, and roofs; but in its morality* [' οὐ τόπον μóvov aλà and laws. These are the security of those that take sanctuary καὶ τρόπον.] there; not the strength of its gates and buildings, but the reverence which men have for religion, and the sanctity of its ministers. However, Eutropius was apprehended, but through his own fault; for he went without the enclosure of the church. He was condemned to live in exile in the island of Cyprus; all his wealth was confiscated, and he was degraded from his honours and titles; insomuch that his name was erased out of the Fasti, and Theodore only was reckoned c. 11. Re- Consul for that year, who was a Christian, a man of worth Claud. de and learning, and commended by St. Augustine and ClauThe condemnation of Eutropius is dated [Poem. 16. the 16th of the calends of February, at Constantinople, in the Cod. Th. Consulship of Theodorus; that is, on the seventeenth of [9. Tit. 40.] 17. de Poen. January, 3997. But through Gaïnas, who could not suffer [c. 18]. p. him to live, he was sent from Cyprus to Chalcedon; where 794. Phi- he was again tried, and beheaded.

S. Aug.

de Ord. 1.

tract. 1. 2.

Cons.
Theod.

17.1

8 Zosim. 5.

lost. 11. 6.

forms his

clergy.

dian6 the Poet.

XXXVIII. There were some that censured St. Chrysostom's discourse St. Chrysostom re- upon Eutropius; on the pretence, that he had insulted him in his calamity; but the true cause of that reproach Soc. 6. 5. was the dislike which they had conceived against the holy Bishop. He had not governed the Church of Constantinople a full year, before his ardent zeal had procured him many enemies, both at court and among his Clergy. He chiefly

Soz. 8. 7.

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who

1

9 Supr. bk.

and 11. ch.

4 S. Hieron.

[ad Eus

custod.

Gieseler.

Supr. Conc.
Carth. 3.

can. 17. et vid. Bingh. 6. 2. § 13.] A. tom.6.

4. can. 46.

attacked' those ecclesiastics, who, under pretence of charity, A. D. 399. lived with virgins, whom they treated as adopted sisters; ' Pall. Vit. p. 45. [18.] who were called sub-introductæ or sorores agapeta3, that is, ἀδελφο beloved sisters. The pretence was, to assist solitary virgins wta] destitute of friends or relations; to take care of their affairs, 8. ch. 4. if rich; and to maintain them charitably, if poor; and to 17. perform such offices for them, as they could not with pro- Ep. 22. [18. priety perform themselves; especially in countries where it p. 33.] c. 5. is not usual for women to appear in public. And on the toch. de other side, the Clerks pretended, that they committed to these Virgin.] virgins the care of their household affairs, and such trivial employments as are more suitable to women, that they might themselves have more leisure for the functions of their ministry. Moreover, they affirmed, that in this familiarity, they used no forbidden liberty, nor transgressed their vow of continence". St. Chrysostom, on the contrary, insisted, that [ See this mode of life was worse than open intercourse with im- vol. 1. § 71. "These last," says he, pure women. are pagans, "invite those that are willing to be corrupted; the former "are Christians, who tempt even the saints to wickedness." We have two discourses of his upon this subject, which seem to belong to this time. In the first he inveighs against P. 214, 230. the men who entertained these pretended sisters; and in the 228, 248. other, against the virgins who were thus entertained. He supposes what they affirmed; that there was no real criminal correspondence between them; still he condemns the habit, as giving occasion of scandal, which consideration ought not to be neglected, when there are good grounds for it, and when the thing which gives the occasion, is not necessary and good in itself. He confutes the pretences of those shameful unions, and shews the evils that attend them; viz. the continual danger of falling into what is criminal, the effeminacy of manners contracted by such intercourse, and were there nothing else, the inducement to be fond of seeing and talking with each other, a temptation more likely to exist between persons of different sexes. In the treatise addressed to the virgins, he observes how often their modesty is? p. 231. exposed, and insists that all the evil proceeds from their imagining chastity to consist in abstaining from grosser crime, and not also in renouncing the ornaments of dress,

[tom. 1.

1. 35.

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