Part 45 (1/2)
Ec._, V, 17.) His residence at the seat of the imperial government at that time, Milan, made him the chief adviser to the court in spite of the fact that the Arian influence was strong at court, as the empress mother Justina was an Arian, _cf._ Ambrose, _Ep._ 20, 21. (PNF, ser. II, vol. X.)
4. Listen, august Emperor, I cannot deny that you have a zeal for the faith; I confess that you have the fear of G.o.d. But you have a natural vehemence, which, if any one endeavors to soothe it, you quickly turn to mercy; and if any one stirs it up, you allow it to be roused so much that you can scarcely restrain it. Would that it might be that, if no one soothed it, at least no one inflamed it. To yourself I willingly intrust it, restrain yourself and overcome your natural vehemence by the love of piety.
6. There took place in the city of the Thessalonians that of which no memory recalls the like, which I was not able to prevent taking place; which, indeed, I had before said, would be most atrocious when I so often pet.i.tioned concerning it(144) and which as you yourself show, by revoking it too late, you consider to be grave, and this I could not extenuate when committed.
After citing from the Bible several cases of kings exhibiting penance for sins, Ambrose continues:
11. I have written this, not to confound you, but that the examples of kings may stir you up to put away this sin from your kingdom, for you will put it away by humbling your soul before G.o.d. You are a man, temptation has come to you; conquer it. Sin is not done away but by tears and penitence. Neither angel can do it, nor archangel. The Lord himself, who alone can say I am with you, if we have sinned, does not forgive any but those who do penance.
12. I urge, I beg, I exhort, I warn; for it is grief to me that you who were an example of unheard-of piety, who were conspicuous for clemency, who would not suffer single offenders to be put in peril, should not mourn that so many innocent persons have perished. Though you have waged war most successfully, though in other matters too you are worthy of praise, yet piety was ever the crown of your actions. The devil envied that which you had as a most excellent possession. Conquer him whilst you still possess that wherewith you can conquer. Do not add another sin to your sin by a course of action which has injured many.
13. I, indeed, though a debtor to your kindness, for which I cannot be ungrateful, that kindness which I regard as surpa.s.sing that of many emperors, and has been equalled by one only, I have no cause, I say, for a charge of contumacy against you, but have cause for fear. I dare not offer the sacrifice if you intend to be present. Is that which is not allowed after the shedding of the blood of one innocent person allowed after the shedding of the blood of many? I think not.
(_j_) _Codex Theodosia.n.u.s_, III, 16, 2; A. D. 421.
The later Roman law of divorce.
The Roman law under the Empire was extremely favorable to divorce, making it easy for either party to become rid of the other for any cause that seemed sufficient. The Christian Church from the first, following the teaching of Christ, opposed divorce. Marriage was an indissoluble relation; see 39 _f_, _g_. It was only by degrees that much change could be introduced into the civil law. The following law of Theodosius II gives the condition of the law in the fifth century. It shows that to some extent the Christian principles regarding marriage had affected legislation.
If a woman leave her husband by a repudiation made by her and prove no cause for her divorcing him, the gifts which she received as bride shall be taken away and she shall likewise be deprived of her dowry, and be subjected to the punishment of deportation; and to her we deny not only the right of marriage with another man, but also the right of post-liminium.(145) But if the woman opposed to the marriage prove faults of morals and vices, though of no great gravity, let her lose her dowry and pay back to her husband her marriage gift, and let her never join herself in marriage with another; that she may not stain her widowhood with the impudence of unchast.i.ty we give the repudiated husband the right of bringing an accusation by law. Hereafter if she who abandons her husband prove grave causes and a guilt involving great crimes, let her obtain a control of her dowry and marriage gifts, and five years after the day of repudiation she shall receive the right of remarrying; for it would then appear that she had acted rather out of detestation of her husband than from desire after another. Likewise, if the husband bring a divorce and charge grave crimes against the woman, let him bring action against the accused under the laws and let him both have the dowry (sentence having been obtained) and let him receive his gifts to her and let the free choice of marrying another be granted him immediately. But if it is an offence of manners and not of a criminal nature, let him receive the donations, relinquish the dowry, and marry after two years. But if he merely wishes to dissolve the marriage by dissent, and she who is put away is charged with no fault or sin, let the man lose the donation and the dowry, and in perpetual celibacy let him bear as a penalty for his wrongful divorce the pain of solitude; to the woman, however, is conceded after a year the right to remarry. Regarding the retention of the dowry on account of the children we command that the directions of the old law shall be observed.
(_k_) Jerome, _Epistula_ 78, _ad Oceanum_. (MSL, 22:691.)
Divorce and remarriage.
The principle here laid down by Jerome was that which ultimately prevailed in the Church of the West, that after divorce there could be no remarriage, inasmuch as the marriage bond was indissoluble, though the parties might be separated by the law.
But another principle was also made a part of the code of Christian morality, that what was forbidden a woman was also forbidden a man, _i.e._, the moral code as to chast.i.ty was the same for both s.e.xes.
3. The Lord hath commanded that a wife should not be put away except for fornication; and that when she has been put away, she ought to remain unmarried [Matt. 19:9; I Cor. 7:11]. Whatever is given as a commandment to men logically applies to women also. For it cannot be that while an adulterous wife is to be put away, an incontinent husband must be retained. The laws of Csar are different, it is true, from the laws of Christ. Papinian commands one thing; our Paul another.(146) Among them the bridles are loosened for immodesty in the case of men. But with us what is unlawful for women is equally unlawful for men; and both are bound by the same conditions of service. She(147) then put away, as they report, a husband that was a sinner; she put away one who was guilty of this and that crime. She was a young woman; she could not preserve her widowhood.
She persuaded herself and thought that her husband had been lawfully put away from her. She did not know that the strictness of the Gospel takes away from women all pretexts for remarriage, so long as their former husbands are alive.
(_l_) Jerome, _Adversus Jovinianum_, I, 7. (MSL, 23:229.)
The inferiority of marriage to virginity.