HKB
solicit and obtain some partial exemptions; but the premature attempt of the great council of Rimini, which aspired to universal freedom, was successfully resisted by the son of Constantine. 109
101 (return) [ The edict of Milan (de M. P. c. 48) acknowledges, by reciting, that there existed a species of landed property, ad jus corporis eorum, id est, ecclesiarum non hominum singulorum pertinentia. Such a solemn declaration of the supreme magistrate must have been received in all the tribunals as a maxim of civil law.]
102 (return) [ Habeat unusquisque licentiam sanctissimo Catholicæ (ecclesiæ) venerabilique concilio, decedens bonorum quod optavit relinquere. Cod. Theodos. l. xvi. tit. ii. leg. 4. This law was published at Rome, A. D. 321, at a time when Constantine might foresee the probability of a rupture with the emperor of the East.]
103 (return) [ Eusebius, Hist. Eccles. l. x. 6; in Vit. Constantin. l. iv. c. 28. He repeatedly expatiates on the liberality of the Christian hero, which the bishop himself had an opportunity of knowing, and even of lasting.]
104 (return) [ Eusebius, Hist. Eccles. l. x. c. 2, 3, 4. The bishop of Cæsarea who studied and gratified the taste of his master, pronounced in public an elaborate description of the church of Jerusalem, (in Vit Cons. l. vi. c. 46.) It no longer exists, but he has inserted in the life of Constantine (l. iii. c. 36) a short account of the architecture and ornaments. He likewise mentions the church of the Holy Apostles at Constantinople, (l. iv. c. 59.)]
105 (return) [ See Justinian. Novell. cxxiii. 3. The revenue of the patriarchs, and the most wealthy bishops, is not expressed: the highest annual valuation of a bishopric is stated at thirty, and the lowest at two, pounds of gold; the medium might be taken at sixteen, but these valuations are much below the real value.]
106 (return) [ See Baronius, (Annal. Eccles. A. D. 324, No. 58, 65, 70, 71.) Every record which comes from the Vatican is justly suspected; yet these rent-rolls have an ancient and authentic color; and it is at least evident, that, if forged, they were forged in a period when farms not kingdoms, were the objects of papal avarice.]
107 (return) [ See Thomassin, Discipline de l’Eglise, tom. iii. l. ii. c. 13, 14, 15, p. 689-706. The legal division of the ecclesiastical revenue does not appear to have been established in the time of Ambrose and Chrysostom. Simplicius and Gelasius, who were bishops of Rome in the latter part of the fifth century, mention it in their pastoral letters as a general law, which was already confirmed by the custom of Italy.]
108 (return) [ Ambrose, the most strenuous assertor of ecclesiastical privileges, submits without a murmur to the payment of the land tax. “Si tri butum petit Imperator, non negamus; agri ecclesiæ solvunt tributum solvimus quæ sunt Cæsaris Cæsari, et quæ sunt Dei Deo; tributum Cæsaris est; non negatur.” Baronius labors to interpret this tribute as an act of charity rather than of duty, (Annal. Eccles. A. D. 387;) but the words, if not the intentions of Ambrose are more candidly explained by Thomassin, Discipline de l’Eglise, tom. iii. l. i. c. 34. p. 668.]
109 (return) [ In Ariminense synodo super ecclesiarum et clericorum privilegiis tractatu habito, usque eo dispositio progressa est, ut juqa quæ viderentur ad ecclesiam pertinere, a publica functione cessarent inquietudine desistente; quod nostra videtur dudum sanctio repulsisse. Cod. Theod. l. xvi. tit. ii. leg. 15. Had the synod of Rimini carried this point, such practical merit might have atoned for some speculative heresies.]