테오도시우스 칙법전 16권 1장 보편 신앙에 관한 칙법 (The Four Constitutions of the Catholic Faith in the Theodosian Code XVI, 1)

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초록

The Theodosian Code(C.Th.) XVI called often Ecclesiastical Law contains various religious subjects especially between the state and the church. This study is consecrated to the first chapter of eleven subjects of the Book XVI. The first chapter of the Theodosian Code XVI is entitled ‘The Catholic Faith’(De Fide Catholica)’ and consists of the four constitutions legislated from Valentinian I’s reign to Theodosius’ period. I tried to examine each constitution relying on an editorial and historical analysis.
First of all, I focused my arguments on the inappropriate position of the C. Th. XVI, 1.1 and 1.4. The C. Th. XVI, 1.1 was enacted on November 17, 365 during the reign of Valentinian I and this code is not concerned with an ideal of the state church. The C. Th. XVI, 1.4 is a pro-Arian constitution legislated in Milan on 386 by Valentinian II. The western emperor Valentinian II gave in this law the Arians the right of cult, but this Arian constitution is out of internal logic of the first chapter that deals with the orthodoxy faith. It is interesting to find the fact that the latter part of the C. Th. XVI, 1.4 was compiled in the code as the C. Th. XVI, 4.1 enacted in Constantinople in the same date. I think the Eastern emperor Theodosius didn’t understand a pro-Arian character of Valentinian’s law because of the mutilation of its former part. In place of the C. Th. XVI, 1.1 and 1.4, two other laws, C. Th. XVI, 5.5 and 5.6 illuminate well an appearance of the state church in Theodosian’s period. Thus I’d like to propose the first chapter of the Book XVI, composed appropriately according to the vision of the church state : C. Th. XVI, 5.5(August 3, 379), 1.2(Febrary 28, 380), 1.3(January 10, 381), 5.6(July 30, 381).
The law of the emperor Gratian on August 3, 379 is characterized by a ‘revolutionary’ change. He abandoned by this constitution his neutral religious policy and condemned all of the heresy. I think a Damasus, Roman bishop was behind its enactment. On Febrary 28, 380 Theodosius I proclaimed that all the peoples should practice the Catholic faith. The date is worth to be called a starting point of the state church. It will be possible to suppose Flacilla, Antonius, Ascholius and Damasus as influential persons on the edict of Thessalonica. I think Gregory of Nazianzus have influenced on the C. Th. XVI, 1.3(January 10,381). This constitution is focused on the practice of the edict of Thessalonica(5.5). Finally the C. Th. XVI, 5,6 aims to legitimatize the Ecumenical Council of Constantinople 381. These four constitutions are so useful to understand the appearance of the state church. But it’s not sure how the new relation between the Roman empire and the christian orthodoxy was in debt to Theodosius’ personal religious assurance.

영어초록

The Theodosian Code(C.Th.) XVI called often Ecclesiastical Law contains various religious subjects especially between the state and the church. This study is consecrated to the first chapter of eleven subjects of the Book XVI. The first chapter of the Theodosian Code XVI is entitled ‘The Catholic Faith’(De Fide Catholica)’ and consists of the four constitutions legislated from Valentinian I’s reign to Theodosius’ period. I tried to examine each constitution relying on an editorial and historical analysis.
First of all, I focused my arguments on the inappropriate position of the C. Th. XVI, 1.1 and 1.4. The C. Th. XVI, 1.1 was enacted on November 17, 365 during the reign of Valentinian I and this code is not concerned with an ideal of the state church. The C. Th. XVI, 1.4 is a pro-Arian constitution legislated in Milan on 386 by Valentinian II. The western emperor Valentinian II gave in this law the Arians the right of cult, but this Arian constitution is out of internal logic of the first chapter that deals with the orthodoxy faith. It is interesting to find the fact that the latter part of the C. Th. XVI, 1.4 was compiled in the code as the C. Th. XVI, 4.1 enacted in Constantinople in the same date. I think the Eastern emperor Theodosius didn’t understand a pro-Arian character of Valentinian’s law because of the mutilation of its former part. In place of the C. Th. XVI, 1.1 and 1.4, two other laws, C. Th. XVI, 5.5 and 5.6 illuminate well an appearance of the state church in Theodosian’s period. Thus I’d like to propose the first chapter of the Book XVI, composed appropriately according to the vision of the church state : C. Th. XVI, 5.5(August 3, 379), 1.2(Febrary 28, 380), 1.3(January 10, 381), 5.6(July 30, 381).
The law of the emperor Gratian on August 3, 379 is characterized by a ‘revolutionary’ change. He abandoned by this constitution his neutral religious policy and condemned all of the heresy. I think a Damasus, Roman bishop was behind its enactment. On Febrary 28, 380 Theodosius I proclaimed that all the peoples should practice the Catholic faith. The date is worth to be called a starting point of the state church. It will be possible to suppose Flacilla, Antonius, Ascholius and Damasus as influential persons on the edict of Thessalonica. I think Gregory of Nazianzus have influenced on the C. Th. XVI, 1.3(January 10,381). This constitution is focused on the practice of the edict of Thessalonica(5.5). Finally the C. Th. XVI, 5,6 aims to legitimatize the Ecumenical Council of Constantinople 381. These four constitutions are so useful to understand the appearance of the state church. But it’s not sure how the new relation between the Roman empire and the christian orthodoxy was in debt to Theodosius’ personal religious assurance.

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