ReligionCodexJustianus

Religious laws in the Codex Justianus

This document is an extraction of all the religious laws in the Codex Justianus. It is probably not totally complete.

It clearly shows how the Christian religion forced itself on the Roman empire with the law and the sword.

1.1.1 Emperors Gration, Valentinian, and Theodosius to the People of Constantinople.

We desire that all the nations who are governed by the moderate rule of Our Clemency shall practice that religion which was carried by the divine Peter to the Roman People, as shown by the articles of faith introduced by him and transmitted to us—the religion which, it is clear, is now followed by the Pontiff Damasus, and by Peter the Bishop of Alexandria, a man of apostolic sanctity; that is to say, that according to apostolic discipline and the teaching of the evangelists, we should believe in the one Godhead of son and the Holy Spirit, in equal majesty, and as the Holy Trinity. We order all who accept this law to assume the name of Catholic Christians, decreeing that all others, considering them mad and foolish persons, shall bear the infamy of their heretical dogmas, to be punished first by divine vengeance, and secondly by the exertion of our power which we have received by divine favor.

Given at Thessalonica February 27 (380).

1.1.2 The same to Eutropius, Praetorian Prefect.

No opportunity of celebrating the mysteries shall be given to heretics, no opportunity to put into action the madness of an obstinate mind. All must take notice that no privilege obtained by such men by a fraudulent rescript shall be valid. The throngs of all heretics must be restrained from unlawful congregations; the name of the one and all high God must be worshipped everywhere. The Nicene Creed long ago transmitted to us by our elders, and confirmed by the testimonials and statements of divine religion must be given steadfast adherence. That person, moreover, is to be accepted as a follower of the Nicene Creed, and as a true adherent of the Catholic Religion, who acknowledges, under one name, the omnipotent God, and Christ the Son of God, God of God, light of light; who, does not by denying dishonor the Holy Spirit whom we hope for, and receive, from the great Maker of all things, in whom, through the spirit of an unchangeable faith, lives the undivided substance of the uncorrupted trinity, which by the true believers is called by the Greek word “ousia.” This is what we assuredly approve [that] all should worship. Persons who do not conform thereto, must cease to fraudulently use a name that does not belong [to] them but to true religion, and let them be marked by their open crimes. They shall keep away from the threshold of all churches, since we prohibit all heretics from holding unlawful meetings within any town. If any should attempt anything they shall, when the outbreak is quelled, be removed beyond the walls of the cities, so that the Catholic churches of the whole world may be returned to the various orthodox bishops who accept the Nicene Creed.

Given at Constantinople January 10 (381).

1.1.3 Emperors Theodosius and Valentinian to Hormisda, Praetorian Prefect.

We decree that all things which Porphyrius, impelled by his insanity, or any one else, has written against the worship of the Christians, among whomsoever found, shall be delivered to the fire. For we want no writings which provoke God to ire, and offend human minds to even come to the knowledge of men.
We also decree, that Bishops or clergymen, who accept the creed of Nestorius or follow his nefarious doctrine, shall, if they are bishops or clergymen, be ejected from the Holy Churches; if they are of the laity, they shall be anathematized; and orthodox persons who wish to do so, and who are in accord with our pious legislation, may denounce and accuse them without fear or detriment to themselves.
Since it has, moreover, come to our pious ears, that some persons have written and published ambiguous doctrines, which are not in absolute agreement with the orthodox faith laid down by the holy council of the holy fathers who assembled at Nicea and Ephesus, and by Cyrillus of blessed memory, once bishop of the great city of Alexandria, we order that such books whether written before or during this time, particularly those of Nestorius, shall be burned and delivered to complete destruction, so that they may not even come to the knowledge of any one. Persons who continue to have and read such writings or books shall be punished by death. Besides, no one shall be permitted as we have said, to acknowledge or teach any creed, except the one laid down at Nicea and Ephesus.

1.1.4 Emperor Marcian to Pahhadius, Praetorian Prefect.

No clergyman or person in the imperial service, or any one else of any other calling, shall hereafter attempt to discuss the Christian creed in an assembled crowd able to hear, seeking thereby an opportunity for tumult and disloyalty. For whoever tries to disturb and publicly discuss questions once determined and rightly disposed of, insults the judgment of the religious Synod (of Chalcedon), inasmuch as it is known that the decisions concerning the Christian faith of the bishops assembled by our order at Chalcedon, are in accord with the apostolic expositions and the decrees of the 318 and 150 holy fathers (at Nicea and Constantinople).
Punishment shall not fail those who disregard this law, because they not only act contrary to the rightly expounded faith, but also, by such strife, profane the venerable mysteries before Jews and Pagans. If a clergyman, therefore, dares to publicly discuss religion, he shall be removed from the community of the clergy; if he is in the imperial service he shall lose his girdle of service; all others who are guilty of such crime shall, if they are free men, be expelled from this holy city and shall be subjected to proper punishment, in accordance with judicial vigor; if they are slaves, the most severe punishment shall be inflicted upon them.

Given at Constantinople February 7 (452).

1.1.5 Emperor Justinian.

Since the true and unchangeable faith which the holy Catholic and Apostolic Church of God declares does not admit of any innovation, we following the precepts of the holy apostles and of those who after them became renowned in the holy churches of God believe it proper to make manifest to all what we think of the faith which is in us, following the tradition and consensus of opinion of the Holy Catholic and Apostolic Church of God.

Believing, therefore, in the Father, the Son and the Holy Spirit, we adore one substance in three persons, one deity, one power, and a consubstantial trinity. We acknowledge moreover, to the last days, that the only begotten Son of God, God of God, born of the Father, before the world and without time, coeternal with the Father, the Maker of all things, descended from Heaven and became flesh through the Holy Spirit and the ever-Holy Virgin Mary, the Mother of God; that He was made man, was affixed to the cross, was buried, and rose again on the third day; and we acknowledge His miracles and his sufferings which He voluntarily sustained in the flesh.
For we do not recognize one God as the Word, and another as the Christ, but one and the same, consubstantial with the Father according to His divinity, and consubstantial with us according to the flesh. For the Trinity remains a Trinity, although one thereof, the Word of God, became incarnate; nor does the Holy Trinity admit an addition of a fourth person.
Since these things are so, we condemn all heresy, especially Nestorius, the adorer of man who distinguishes between our Lord Jesus Christ, the Son of God, and God, and denies that Mary, the ever Holy and Glorious Virgin, was really and truly the Mother of God, but says that the Word of God, born of the Father, is one person, the one born of the ever holy Virgin Mary another; that the latter through favor of, and close relationship with, the Word of God, was made God. And we condemn Eutyches, mentally deranged, who introduces vision and denies the true incarnation, our salvation, through the ever Holy Virgin Mary, the Mother of God, and who does not admit Christ to be consubstantial with the Father according to His divinity, and consubstantial with us according to the flesh. We also condemn Apollinarius, the destroyer of souls, who says that our Lord Jesus Christ, the Son of God and our God, did not have the soul of man, and introduces confusion and perturbation in connection with the incarnation of the only begotten Son of God; and we condemn all who have believed and do believe the same as he. No one needs to hope for pardon, who has been advised of this admonishment by the reverend bishops of the various places, and is still found to be of the contrary opinion, and we order all such persons to be subjected to proper punishment as confessed heretics.

(527)

1.1.6 Justinian to the People of Constantinople.

Honoring our Savior, Jesus Christ, Lord of All, our true God in all things, we wish also to imitate His humility, as far as the human mind is able. Since, therefore, we have found some who are attacked by the disease and insanity of the impious Nestorius and Eutyches, enemies of God and the Holy Catholic and Apostolic Church, who refuse to say that the ever glorious Virgin Mary is really and truly the mother of God, we hasten to teach them what is the correct and true faith of Christians.
These incurable persons, concealing their errors, are going about as we have learned, disturbing and perturbing the minds of simple folk, and asserting doctrines that are contrary to the Holy Catholic and Apostolic Church.
We have, accordingly, deemed it necessary to dispel the falsehoods of heretics and to explain to all what the Holy Catholic and Apostolic Church believes and what the most holy priests thereof declare. Adhering to their doctrine, we let it be known what hope there is in us, making no innovations in the faith which God forbid, but refuting the insanity of those who agree with the impious heretics. We already previously in the beginning of our reign let this be known to all.
We believe, therefore, in one God, the Omnipotent Father, and in one Lord Jesus Christ, Son of God, and in the Holy Spirit, worshipping one substance in three persons, one deity, one power and the one consubstantial Trinity.
We acknowledge to the last days that our Lord Jesus Christ, the only begotten Son of God, the very God of very God, born of the Father before the world and without time, coeternal with the Father, the Maker of all things, descended from Heaven and through the Holy Sprit and the Holy and ever-glorious Virgin Mary, the Mother of God, made man in the flesh; that he suffered for us on the cross under Pontius Pilate, was buried and rose again on the third day; and we acknowledge His miracles and crucifixion which He voluntarily suffered in the flesh.
We do not know one God as the Word and another as Christ, but one and the same, consubstantial with the Father according to His divinity and consubstantial with us according to the flesh. For as He is perfect in His divinity, so also is He perfect in the flesh. We accept and acknowledge this unity in very truth, for the Trinity remains a trinity, even after one of the Trinity, the Word, was made man; nor does the Holy Trinity admit of the addition of a fourth person.
Since these things are so, we condemn all heresy, especially Nestorius, the adorer of man, and those who have embraced and do embrace his opinions, who distinguish our Lord Jesus Christ, the Son of God from God, and deny that the Holy and ever-glorious Virgin Mary, is verily and truly the Mother of God, but say that there are two sons, one the Word of God, born of the Father, and the other of the Virgin Mary, Mother of God, by the favor of and ties of relationship with the Word of God himself made God, rejecting and denying that our Lord Jesus Christ, Son of God our God, became incarnate and was affixed to the cross, is one of the Holy consubstantial Trinity. For He alone is to be worshipped and glorified along with the Father and the Holy Spirit.
We also condemn Eutyches, mentally deranged, and those who have embraced and do embrace his doctrine; who introduce a vision and deny the true incarnation of our Lord and Savior Jesus Christ, our salvation, through the holy Virgin Mary, Mother of God; nor do they acknowledge Him to be consubstantial with the Father according to His divinity, and consubstantial with us according to the flesh. And we likewise condemn Apollinarius, the destroyer of souls, and those who have embraced and do embrace his doctrine, who deny that our Lord Jesus Christ, Son of God, our God, had the soul of man, introducing confusion and perturbation concerning the subject of the incarnation of the only begotten Son of God. And we condemn all those who have embraced and do embrace the foregoing doctrines.

Given March 15 (533). The same to the people of Ephesus, Caesarea, Cyzicus, Amida, Trapezus, Jerusalem, Apamia, Justinianapolis, Antioch, Sebaste, Tarsus, Ancyra.

1.1.7 The same Emperor to Epiphanius, Holy and Blessed Archbishop of this imperial city, and ecumenical patriarch.

Desiring to inform your Sanctity of all the things which appertain to the condition of the churches, we have deemed it necessary for that purpose to write this imperial letter and thereby make you acquainted with the things that are being done, although we believe that you already know them.

Since, therefore, we found that some persons had become faithless to the Holy Catholic and Apostolic Churches, following the heresy of the impious Nestorius, and Eutyches and using their blasphemies, we issued a sacred edict, also known to your Sanctity, by which we refuted the insanity of the heretics, without changing or overlooking the status of the Church, which has been so far maintained with God’s help, as is known to Your Blessedness, but throughout guarding the unity of the holy churches with the holy Pope and Patriarch of ancient Rome, to whom we have addressed a like letter.
For we do not permit anything pertaining to the status of the Church to be kept from His Blessedness, in as much as he is the head of the Holy priests of God, and because the heretics that have arisen in his jurisdiction have been restrained by the decision and the correct judgment of his venerable seat.
Your Holiness, therefore, may know by this imperial letter, what has been done by us, so that those who have wrongly understood or interpreted what was correctly stated [in] our edict, may be refuted by this our imperial letter.
Certain few unfaithful, and apostates from the holy Catholic and Apostolic Church, have dared to oppose, in Jewish fashion, the things which are rightly observed, approved, and preached by all priests, denying that our Lord Jesus Christ is the only begotten Son of God; that He became incarnate, through the Holy Sprit, and the holy ever-glorious Virgin Mary, the Mother of God; that He became man, was crucified and is one of the Holy consubstantial Trinity, to be worshipped and glorified along with the Father and the Holy Spirit, consubstantial with us according to His flesh; suffering in the flesh, but incapable of suffering as a deity.
And as they refuse to acknowledge our Lord Jesus Christ as the only begotten Son of God, our God, and as one of the Holy consubstantial Trinity, it is clear that they follow the corrupt teaching of the impious Nestorius, saying that He is the Son of God only through favor, and that the Word of God is one and that Christ is another. We condemn them, together with those who have embraced or do embrace such doctrine, as apostates from the holy Catholic and Apostolic Church of God.
All priests, therefore, of the Holy Catholic and Apostolic Church and the reverend abbots of the holy monasteries, following the tradition of the Holy fathers, neither heretofore or now, as has been said, changing the status of the Church which has been maintained to this time, rightly confess and believe in and preach, that our Lord Jesus Christ, the only begotten Son of God, our God, was born of the Father, before the world, and without time, descending from heaven in the last days; that He became incarnate through the Holy Spirit and the Holy, ever-glorious Virgin Mary, the Mother of God, and was made man; that He was affixed to the cross and is one of the Holy and consubstantial Trinity.
For we know Him to be consubstantial with the Father according to His divinity and consubstantial with us according to the flesh; that He was capable of suffering in the flesh but not as a deity, and is to be worshipped along with the Father and the Holy Spirit. Nor do we know the Word of God as one personage and Christ as another, but one and the same, consubstantial with the Father according to His divinity and consubstantial with us according to the flesh, capable of suffering in the flesh, but not as a divinity.
For as He is perfect in his divinity, so, too, He is perfect in the flesh; for we receive and acknowledge the union thereof in one substance.
Since, therefore the only begotten Son and Word of God was born of the Father before the world and without time, descending from heaven in the last days, becoming incarnate through the Holy Spirit and the Holy and glorious Mary, Mother of God, and made man; that is to say, since our Lord Jesus Christ is verily and truly God, we, therefore, say that the Holy ever-glorious Virgin Mary was verily and truly the Mother of God, not because the Word of God took His beginning from her, but because He descended from heaven in the last days and through her became incarnate, was born and made man.
Him we acknowledge, as stated, to be consubstantial with the Father according to His divinity and consubstantial with us according to the flesh, knowing His miracles and passion which He voluntarily sustained in the flesh.
By these statements, therefore, contained in our imperial edict, we refute the heretics, which edict was subscribed by all who were found here, the holy bishops and devoted abbots, together with Your Highness, adhering in all things to the four holy councils and the decisions made by each, that is to say, the council of Nicea of 318, that of this imperial city of 150 fathers, that at Ephesus, the first time, and that at Chalcedon, since it is manifest to all that we hold to and guard the confession of faith delivered to all the faithful of the holy Catholic and Apostolic Church, that is to say, the holy formula or symbol, which was set forth by the 318 holy fathers, and which was also explained by interpretation, by the 150 holy fathers in this imperial city, not because there was anything lacking, but because some of the enemies of the truth commenced to attack the divinity of the Holy Spirit, while others denied the true incarnation of the Word of God through the Holy Virgin Mary, the Mother of God. Hence the 150 holy fathers explained and interpreted the holy formula by written testimonials.
The other holy synods, that is to say the first one at Ephesus and that at Chalcedon, have also accepted this and follow the same faith and teach that the ever-holy and glorious Virgin Mary is the Mother of God, condemning those who deny that she is the Mother of God.
They similarly condemned those who teach another symbol or holy formula, except that adopted by the 318 holy fathers, expounded and explained by the 150 holy fathers assembled in this imperial city.
And the first synod at Ephesus, too, attached the impious Nestorius and his dogmas and condemned those who have accepted or do accept his opinion or who have approved or do approve it.
Moreover, the holy synod of Chalcedon attacked and expelled from the holy churches of God and condemned Eutyches and his opinion, and those who have accepted or do accept it or who have approved or do approve it. It likewise condemned all heretics and their dogmas and those who have accepted or do accept their opinions.
It, likewise, condemned Nestorius and his opinions, and those who have accepted or do accept them or who have approved or do approve them.
And the same holy synod of Chalcedon put in its report and confirmed the letter of the great Proclus, written to the Armenians, in that it states that our Lord Jesus Christ should be acknowledged as the Son of God, our God, and as one of the Holy Trinity.
If we disregard the four mentioned councils or their decisions, we give the heretics, and their doctrines suppressed by them, an opportunity to poison the holy churches.
This can never happen, God willing, since the four councils by their precepts expelled these heretics and their doctrines.
If anyone has doubts about any one of the aforesaid synods, he seems to accept the doctrines disapproved and condemned by it.
Let no one, therefore, uselessly disturb us, in the vain hope that we have or will do anything contrary to the four holy councils, or permit it to be done by another or that we shall permit the remembrance of the same four synods to be erased from the sacred records of the church.
For we condemn all those expelled and condemned by them as well as their doctrines and adherents.
May our Beatitude, therefore, pray for us and our reign, and teach and inform all of our action and zeal for the uncorruptible faith.

Given at Constantinople March 26 (533).

1.1.8 (A letter from) John, Bishop of the City of Rome, to the Glorious and Indulgent Son, Emperor Justinian.

Amid the great fame of your wisdom and clemency, most Christian Emperor, as a specially pure light, like that of a star, shines the fact that you, in your zeal for the faith and your Christian love, instructed well in the doctrines of the Church, retain your reverence for the seat of Rome, to which you subject everything and ascribe unity to that seat, and to whose founder, that is to say, to the first of the apostles, our Lord gave this precept; “Feed my sheep.”

That this seat is truly the head of all churches, is stated both by the regulations of the fathers, as well as by the statutes of emperors, and is attested by the reverend address of Your Piety. It is clear, therefore, that in you is fulfilled what the scriptures says: “By me kings reign and princes decree justice.” (Proverbs 8:15).
For there is nothing that shines with a clearer light, than the true faith in an emperor; there is nothing that is so little subject to downfall as true religion; for as both look to the author of life or light, they rightly also reject darkness and know not how to succumb to an eclipse.
Wherefore, Most Glorious Emperor, the divine omnipotence will be prayerfully entreated, that He may long preserve Your Piety in this ardor of faith, in this devotion of your spirit, in this zeal for an untainted religion, without its abatement. We believe this to be also for the benefit of the holy churches. For it is written “the King rules by his lips,” (Proverbs 16:102), and again: “the King’s heart is in the hands of the Lord: He turneth it withersoever He will,” (Proverbs 21:1).
For it is this that strengthens your power; this, which preserves your kingdom. For the peace of the Church, the unity of religion guards with grateful tranquility the memory of the author of such conduct after he is taken to heaven.
And no little grace will be bestowed by the divine power on him who has caused no division in the Church; and through whom it has not suffered by any added strain. For it is written: “A king who is just when sitting upon his throne scattereth away all evil with his eyes” (Proverbs 20:8).
We also received, with accustomed reverence, the letter of Your Serenity through Hypatius and Demetrius, my holy brothers and co-bishops. We also learned from their report that you, in the ardor of your faith, in accord with the apostolic teaching had issued with the consent of our brother and co-bishops an edict to the faithful people in order to destroy the efforts of heretics. Since it conforms to the apostolic doctrine, we confirm it by our authority.
The text of the (imperial) letter (to the bishop) is as follows: “The conqueror Justinian, pious fortunate, renowned conqueror and ever Augusts, to the Holy John, Archbishop and Patriarch of the noble city of Rome.
Rendering honor to the apostolic seat and to Your Holiness, which always was and is our desire, as it ought to be, and honoring your Beatitude as a father, we hasten to bring to the notice of Your Holiness everything that pertains to the status of the churches, since we always greatly desired to preserve your apostolic seat as the point of unity and to maintain the status of the holy churches of God, as it has heretofore existed, and continues unceasingly without intervening derangement.
We have therefore hastened to make all priests of the whole Orient subject to the seat of Your Holiness and to unite them with it.
And we have deemed it necessary to bring to the notice of your Holiness by this letter, the things which have been done here, although they are clear and unquestioned and have ever been maintained and taught by all the priests in accord with the doctrine of Your Apostolic Seat.
For we do not permit anything that pertains to the status of churches, though it is clear and unquestioned, to be done without bringing it to the notice of Your Holiness, as the head of all holy churches. For, as stated, we always strive to increase the honor and influence of Your Seat.
We therefore make known to Your Holiness, that a few unfaithful, and apostates from the Holy Catholic and Apostolic Church of God, have dared, in Jewish fashion, to oppose those tenets which, according to your teaching, are correctly believed, glorified and preached, denying that Jesus Christ, our lord, the only begotten Son of God, our God, became incarnate through the Holy Spirit and the Holy and Glorious Virgin Mary, the Mother of God and was made man; that He was crucified; that He is one of the holy and consubstantial Trinity; that He is to be worshipped and glorified along with the holy and consubstantial Trinity; that He is to be worshipped and glorified along with the Father and Holy Spirit, consubstantial with the Father according to His divinity, and consubstantial with us according to the flesh; capable of suffering in the flesh, but not as a deity.
Refusing, therefore, to acknowledge that Jesus Christ, our Lord, the only begotten Son of God, our God, is one of the Holy and consubstantial Trinity, they seem to follow the evil doctrine of Nestorius, saying that He is the Son of God by grace, and that God the Word is one person and Christ another.
But all priests of the Holy Catholic and Apostolic Church and the reverend abbots of the holy monasteries, following the doctrine of Your Holiness, guarding the status and unity of the holy churches of God, which they have with the apostolic seat of Your Holiness, and changing nothing in the status of the church, which has heretofore obtained and now obtains, with one consent acknowledge, glorify and preach Jesus Christ, our Lord, the only begotten Son and Word of God, our God, born of the Father before the ages, without time; that in the last days He descended from heaven, became incarnate through the Holy Spirit and the Holy and Glorious Virgin Mary, the Mother of God; that He was made man; was crucified; and is one of the Holy and consubstantial Trinity, to be worshipped and glorified along with the Father and the Holy Spirit.
Nor do we know God the Word as one person and Christ as another; but one and the same, consubstantial with the Father, according to His divinity, and the same One consubstantial with us according to the flesh, capable of suffering in the flesh, and incapable of suffering as a deity.
For as He is perfect in His divinity, so, too, He is perfect in the flesh. We accept and acknowledge unity in one substance, which the Greeks call a homologous union according to the substance.
And since our Lord Jesus Christ, the only begotten Son and Word of God, born of the Father before the ages and without time, descending in the last days from heaven, becoming incarnate through the Holy Spirit and the Holy and Glorious Virgin Mary, the Mother of God, and made man, is verily and truly God, therefore, we also say that the Holy and Glorious Virgin Mary is really and truly the Mother of God; not because God the Word took His beginning from her, but because in the last days He descended from heaven and through her became incarnate and became man.
Him we acknowledge and believe in, as stated, to be consubstantial with the Father according to His divinity and consubstantial with us according to the flesh; recognizing His miracles and passions, which He voluntarily underwent.
We accept, moreover, the four holy councils, that is that of the 318 fathers, who assembled in Nicea; that of the 150 holy fathers, who met in this imperial city; that of the holy fathers, who assembled in Ephesus the first time, and that of the holy fathers who met in Chalcedon, in accordance with what Your Apostolic Seat teaches and preaches.
Therefore all priests, following the doctrine of Your Apostolic Seat, believe, confess and preach likewise.
Hence we have hastened to bring these things to the notice of Your Holiness, through Hypatius and Demetrius, the blessed bishops, so that Your Holiness may not be unaware of what a few monks, following the perfidy of Nestorius, evilly and in Jewish fashion have denied.
We therefore beseech your paternal love that, by letters directed to us and to the Holy Bishop and Patriarch of this noble city, your brother, since he, too, has by the same men sent messages to Your Holiness, hastening to follow, in all things, the Apostolic Seat of Your Blessedness, make known to us, that Your Holiness accepts all who rightly believe in the foregoing and that you condemn the perfidy of those, who, in Jewish fashion have ventured to deny the true faith.
For the love of all toward you, and the influence of your seat will thus increase; and the unity of the holy churches which is in you, will be preserved unaltered, when the blessed bishops learn from you that the things reported to [by] you represent the genuine doctrine of Your Holiness. We ask, moreover, that Your Blessedness may pray for us and gain the grace of God for us.
(And in another handwriting): May God preserve you for many years, Holy and Pious Father. Given at Constantinople June 6 (533) in the third Consulship of his Majesty the perpetual Augustus Justinian
(The letter of the pope continues): It is clear therefore, Glorious Emperor, as the tenor of your epistle, and the report of your legates show, that you study the apostolic teachings, since you know, write and publish to the faithful people, those things concerning the faith of the Catholic religion, which, as we said, the apostolic seat teaches, the venerable authority of the fathers decreed, and which we in all things confirm.
It is therefore seasonable to proclaim with prophetic voice: “Let the heavens above be delighted, let the mountains and hills break forth with joy.”
It behooves the faithful to write these things into the tablets of the heart, to care for them as the pupils of the eyes.
Nor is there anyone, in whom burns the love of Christ, who can oppose such correct and true confession of your faith, since you, clearly condemning the impiety of Nestorius, of Eutyches and of all heretics, with a pious mind, devoted to God firmly and steadfastly preserve the one true Catholic faith, established by the instruction of our Lord Jesus Christ, the Savior, diffused everywhere by the preaching of the prophets and apostles, strengthened by the confessions of the holy ones throughout the world, and in agreement with our teaching.
Those only oppose your professions, of whom the holy scripture speaks, saying: “They have placed their hope in lies, and by lies have hoped to be concealed.” (Isaiah 28:15). And again those, who according to the prophet say to the Lord: “Depart from us, for we desire not the knowledge of thy ways;” (Job 21:14) on account of whom Solomon says: “They have traveled the paths of their own cultivation, but have gathered things unfruitful.”
This then is your true faith, this the true religion; this the fathers of blessed memory, as we have said, and heads of the Roman Church, whom we follow in all things, the apostolic seat has preached to this day and stubbornly guarded. Every opponent of this confession, this faith, has declared himself a stranger to the holy communion, a stranger to the Catholic Church.
We found in the city of Rome Cyrus, from the monastery of the Vigilists at Acoimete, with his following, whom we attempted, with apostolic persuasion, to recall to the true faith, and lead them back like wandering sheep, which would have perished, to the master’s fold, so that stammering tongues should be ready, according to the prophet, to speak the things that lead to peace. (Isaiah 32:4).
Moreover the first of the apostles speaks to the unbelievers through us in the words of Isaiah: “Walk in the light of your fire and in the sparks that ye have kindled,” (Isaiah 50:11; John 10:26, 27) but their heart is hardened, as is written, so that they would not understand, and the sheep which were not mine, would not hear the voice of the pastor.
Following the same course in regard to them, as decided by their own pontiff, we did not receive them into our communion, and ordered them to keep away from every Catholic Church, unless they would lay aside their error, and quickly after regular confession confirm their willingness to follow our doctrine.
It is indeed just, that those who do not render obedience to our decrees, should be kept outside of the pale of the churches.
But because the church never closes its bosom to those that return to it, I beseech Your Clemency, that if they wish to lay aside their error; abandon their evil course and become reunited to the Church, that you, after they are received into our communion, will no longer let them feel the stings of your indignation, and through our intercession, grant them the favor of our benignity.
Moreover, we pray to God, and Jesus Christ, our Savior, that He may deign to guard you through long and peaceful years, in this true religion and in your agreement with and veneration for this apostolic seat, whose preeminence you guard in a Christian and pious spirit.
Besides most Serene Emperor, we praise the persons of your legates, Hypatius and Demetrius, our brothers and co-bishops, who are in favor with your, as shown by your selection.
For a matter of such importance could not have been enjoined except upon those who are perfect in Christ, and you would not have sent words full of such piety and such reverence, except through those possessing your affection.
(And in another handwriting): The grace of our Lord Jesus Christ and the love of God the Father and the communion of the Holy Spirit, be always with you, Most Pious Son. Also this subscription: May the Omnipotent God guard your kingdom and your safety by perpetual protection, Glorious and Clement Son, Emperor Augustus.

Given March 25 (534).

1.2.1 Emperor Constantine to the People.

Let everyone have permission to leave when he dies, to the Holy Catholic and venerable Church, any property that he chooses. Such testaments shall not be void. There is nothing that is due to men more than to have a free pen for their last will—after which they can wish nothing more—and to exercise an untrammeled judgment, the opportunity for which returns no more.

Given at Rome July 3 (321).

1.2.2 Emperors Gratian, Valentenian and Theodosius to Pancratius, City Prefect.

Let no one think that the seats of the apostles or martyrs may be used as burial places for bodies.

Given at Heraclia July 30 (381).

1.2.3 The same to Cyneguis, Praetorian Prefect.

No one shall sell, or barter in, the relics of martyrs.

Given at Constantinople February 26 (386).

1.2.4 Emperors Honorius and Theodosius to Aetius, City Prefect.

No more than 950 burial men (decani) shall be assigned to the holy church of this magnificent city; no one shall have power to add to or change this number or to substitute others for those who have died.
No other guild members over and above the prescribed number shall, through intercession, by giving them immunity (from other duties) and with all power of innovation abolished, claim rights similar to those which are permitted to the holy church in its honor or for its necessary service.

Given at Eudaxiopolis August 21 (409 or 419).

1.2.5 The same Emperors to Melitius, Praetorian Prefect.

The course of a reasonable plan having been carefully considered, we deem it proper to strictly prescribe from what special civic burdens the churches of the various cities shall be exempt. In the first place, the affronting (insulting) practice should be repelled that estates dedicated to heavenly secrets should be vexed by low grade (sordid) burdens. No extraordinary burden or superindiction shall be demanded from them; no duty of transportation shall be brought forth; lastly, nothing, aside from the regular contribution shall be asked of them which a suddenly appearing necessity may require; if any one should be guilty of violation hereof, he—after suffering the proper punishment rightly inflicted on the sacrilegious—shall be sent into perpetual exile.

Given at Ravenna May 25 (412).

1.2.6 The same to Philippus, Praetorian Prefect of Illyria.

We direct that all innovations shall be annulled and that the ancient customs, and the ecclesiastical canons, which have been in force to this day, shall also be observed throughout all the provinces of Illyria, and if any doubt arises, it should be referred to a church assembly and its holy judgment, with the knowledge of the reverend bishop of the holy faith, situated at Constantinople, which city enjoys the prerogative of Ancient Rome.

Given July 14 (421).

1.2.7 The same to Asclepiodotus, Praetorian Prefect.

We gladly assign holy (imperial) houses (divinas domos) and venerable churches, to such worthy undertakings as the construction of roads and bridges, because such work is not to be numbered among degrading burdens.

Given at Constantinople February 15 (423).

1.2.8 Emperor Theodosius to Isidorius, Praetorian Prefect of Illyria.

The holy church of the city of Thessalonica must clearly understand that the amount of its own land tax is only remitted by kindness of Our Majesty, and the state must not be injured by the burden of (exemption from) other tribute by the abuse of the ecclesiastical name.

Given at Constantinople October 10 (424).

1.3.15 The same Emperors to Studius, City Prefect.

We forbid unlawful (religious) assemblies in private house[s], outside of the church. A house will be in danger of confiscation if its owner admits clergymen thereto who hold rebellious and disturbing assemblies outside of the church.

Given at Constantinople August 29 (404).

1.3.26 Emperor Leo to Vivianus, Praetorian Prefect.

We decree that hereafter neither monks nor anybody else of whatever station or fortune shall attempt to carry the venerable cross or the relics of holy martyrs into public buildings or into any places erected for the pleasures of the people, nor shall they dare to occupy places constructed for public uses or for the amusement of the people. For, since religious houses are not wanting, they can upon consultation as is proper, of the pious bishops, place the relics of martyrs there, not by force, but in the discretion of the reverend bishops. Therefore let every monk, and every person of any other (religious) profession retain and strive perpetually to observe the forbearance and modesty which our laws, public discipline, and the name of the monks themselves demands.

Given September 17 (459).

1.3.29 The Emperors Leo and Anthemius to Zeno, Duke.

Those who live in monasteries are not permitted to depart therefrom, or dwell in Antioch or other cities, excepting herefrom only those who are called delegates (aprocrisiarii). To them we give permission if they wish to go there for the purpose, however, only of carrying out the duties which they have undertaken. But they shall not discuss religious worship or dogmas, or pervert by counsel which leads to sedition and tumult, the simple minds of the people, and they must take notice that if they neglect the orders of Our Piety, they will be subjected to the severity of the laws.

Dated at Constantinople, June 1 (471).

1.4.5 Emperors Arcadius and Honorius to Gennadius, Augustral Prefect (of Alexandria).

Only Christians shall be appointed as chiefs of the city and as superintendents of food supply, to the observance of which you must give careful attention.

Given at Constantinople February 5 (396).

1.4.10 The same Emperors to Caecilianus, Praetorian Prefect.

We order that astrologers shall be expelled not only from the city of Rome, but from all the cities, unless they are ready to have the books of their error burned under the eyes of the bishops and join the catholic religion, never to return to the error of the past. If they fail to do this, and, contrary to the salutary decree of Our Clemency, are found in the cities, or if they spread the secrets of their error or profession, they shall be punished by deportation.

Given at Ravenna January 25 (409).

1.4.15 Emperors Leo and Anthemius to Nicostratus, Praetorian Prefect.

No one shall belong to the guild of advocates in the court of Your Magnitude, or in any provincial court, or in the court of any other judge, unless he is initiated into the mysteries of the Holy Catholic Church. If anything of the sort, however (contrary hereto), takes place or is attempted in any manner or by any deceit, the official staff of Your Sublimity shall be condemned to a fine of one hundred pounds [of gold]. So, too, whoever dares to secretly obtain the position of advocate contrary to the prudent decree of our Serenity and extends forbidden patronage, shall be removed from his position as advocate, shall be outlawed and sent into perpetual exile. The rector of the provinces, too, must know that he under whose administration anything of the sort is attempted shall have half of his property confiscated and shall be sent into exile for five years.

Given at Constantinople March 31 (468).

1.4.19 The same Emperor to Esutathius, Praetorian Prefect.

We order that only those shall be installed to perform the functions of defender, who, initiated in the mysteries of the holy, orthodox religion, first acknowledge the fact by statement under oath, to be made of record, in the presence of the pious bishop of the orthodox faith. We direct that they shall be installed only after election by the reverend bishops, clergymen, titled persons (honorati), land owners and curials.

Given April 19 (505).

1.4.20 Emperor Justinian.

No one shall be in the imperial service unless he is shown to be an orthodox Christian by the testimony of three witnesses, made of record; the record shall be make before the official under whom the person is to serve; a fee of two gold pieces to be paid therefore. If this shall be violated, the magistrate must pay 50 pounds [of gold] and his official staff 20, and the person received into the service 10 pounds, and he shall be removed; the persons who have sworn falsely shall be punished corporally; the fines shall be collected at the peril of the count for the crown domain.

1.5.1 Emperor Constantine to Dracilianus.

The privileges which have been granted in consideration of religion should avail only the adherents of the Catholic faith. We do not alone want to deprive heretics of these privileges, but also to bind and subject them to various burdens.

Given at Gerastum September 1 (326).

1.5.2 Emperors Gratian, Valentinian and Theodosius to Hesperius, Praetorian Prefect.

Let all heresies forbidden by law and by divine and imperial constitutions remain forever suppressed, and let no one any longer attempt to teach or learn heathen precepts which he may have discovered. Their bishops shall not dare to inculcate a faith which they do not have (themselves) nor appoint ministers, because they are not (themselves). That kind of audacity must not be neglected, nor permitted to increase by connivance of judges or of those to whom, by the constitution of our predecessors, the care in regard to this subject has been entrusted. Under the term heretic are contained, and to the laws enacted against them should be subject, those who are found to deviate from the doctrine and path of the Catholic religion even by a slight indication.

Given at Milan August 7 (379).

1.5.3 Emperors Arcadius and Honorius to Clearchus, City Prefect.

All heretics must take notice that they are without question to be deprived of all places, whether held under the name of churches, vestries (diaconica) [see Smith & Cheetham, Dictionary of Christian Antiquity under “Diaconicum.”] or ecclesiastical prisons (decanica) [see id. under “decanicum”] or private houses where opportunity for their meetings is furnished. All these buildings or private structures are to be claimed for the Catholic Church. 1. In addition to this we forbid all those to meet in profane assemblies, either day or night, for the litany. A punishment of a fine of 100 pounds of gold shall be inflicted on the officials of Your Sublimity, and a fine of 50 founds on the officials of the president, if they permit anything of the ort to be done either in public or in private places.

Given at Constantinople March 2 (396).

1.5.4 The same Emperors and the emperor Thodosius to Senator, Praetorian Prefect.

We persecute the Manichaeans or Doanastist with just severity. So this kind of men shall have nothing in common with the rest either in custom or in laws.

And in the first place we want (the fact of being such) to be a public crime, because the wrong committed against divine religion brings detriment to all. We purse them also by confiscation of their property. We permit it to be given, however, to their nearest relatives, in such a way that the order of the heirs in the ascending, descending and collateral line of cognates as far as the second degree shall be observed the same as in inheritance successions, and we permit them to take the property only if they are not themselves polluted by an equal guilt.
Further, we do not want them (the Manichaeans and Donatists) to be able to take any gift or inheritance, free from whatever source that may come.
Besides, we leave to no one who is convicted (of such heresy) any power of giving, buying or selling anything or even of making contracts.
The inquisition shall extend beyond death. For if the memory of a deceased may be accused when the crime is treason, judgment should not undeservedly be suffered also in this case.
Therefore, the last wish of one convicted as a Manichaean shall be void, whether he expressed that wish in a testament, codicil, letter, or in any other way. In such case, too, the foregoing condition as to the grades (of heirs) above mentioned shall be in force.
Sons shall not become heirs, or enter upon an inheritance, unless they have abandoned the paternal depravity; but we extend forgiveness to the penitent.
The stings of authority will also be directed against those who protect them in their homes by unlawful help. Their servants, too, shall be free if they escape from their sacrilegious master and have passed over into the Catholic Church with greater fidelity of service.

Given at Rome April 24 (407).

1.5.5 Emperors Theodosius and Valentinian to Florentius, Praetorian Prefect.

The Arians, Macedonians, Pneumatocahi, Appollinarians, Novatians or Sabbatians, the Eunomians, Tetraditae or Tessarescaedecatitae, the Valentinians, Montanists or Priscillianists, or Phrygians or Pepuzitae, the Marcianists, Borbarians, Messalians, Eutychians, or Enthusiasts, the Donatists, Audians, Hydroporatatae, Tascodrogists, Batrachists, Hermeiecians, Photinians, Paulians, Marcellians, Ophites, Encratites, Apotactiles, Saccophori, and those who arrived at the deepest depths of crime, the Manichaeans, shall have no permission to meet and pray anywhere in the Roman Dominian.

The Manichaeans must also be expelled from the cities and delivered over to capital punishment, since there must be left to them no place in which an outrage may even be committed against the elements (by magic). All the laws, which were formerly enacted and issued at various times, must forever, by renewed observance, remain in force, whether concerning gifts made to places of assembly or heretics—which they audaciously enough attempt to call churches—or left in any manner by a last testament, or concerning private houses in which they meet by the permission or connivance of the owner, to be claimed for the venerable Catholic Church, or concerning the punishment of the agent, if he has done this (giving such permission) without the knowledge of the owner, by a fine of ten pounds of gold or by exile, if he is free, or sending him to the mines—after administering lashes—if he is a slave.
So that the Manichaeans shall not be able to meet in any public place, build themselves so-called churches or devise any means to circumvent the laws; and they must be prevented (from doing so) by all civil and military aid, as well as the aid of curials, defenders and judges, under threat of a fine of 20 pounds of gold. The laws, too, promulgated concerning service (in the imperial government) and concerning diverse punishments upon various heretics, shall remain in full force, and no special rescript (granting exemption) shall be of any validity.

Given at Constantinople May 30 (428).

1.5.6 The same Emperors to Leontius, prefect of the city.

Since Nestorius, the founder of a monstrous superstition has been condemned, his followers should be branded by a suitable mark of his name, so that they may not misuse the name of Christians; for as the Arians, in a law of Constantine of blessed memory, on account of the similarity of impiety, are called Porphyrians after Porhpyrius; so the adherents of the nefarious sect of Nestorius shall be called Simonians so that they rightly seem to have obtained the name of the person whose crime, in deserting God, they imitated.

Nor shall anyone dare to have, read or copy the impious books of the nefarious and sacrilegious Nestorius written against the venerable body of the orthodox and against the decretals of the holy synod of bishops held at Ephesus; these books, we decree, shall be diligently searched out and publicly burned.
So that no one shall make mention of the aforesaid name in any religious discussion; nor secretly or openly furnish any meeting place, in any houses, villa or suburb to anyone of them (the Nestorians) for the purpose of holding a council; we have decided to deprive all them of every permission of holding a meeting. And all must take notice that the violator of this law will be punished by the confiscation of his property.

Given at Constantinople, August 5 (435).

1.5.7 The same Emperor to Florentius, Praetorian Prefect.

We decree that curials of all the cities, subjected to various burdensome obligations of personal and patrimonial liturgies, even those connected with burdensome military affairs, shall remain bound to their curia, no matter to what heresy they may adhere, so that we may not seem to have extended the benefit of immunity to execrable men, going about insolently (contumelisos ambitu), whom we, by the authority of the constitution, desire to condemn.

Nov. Theod. 3.6.

1.5.8 Emperors Valentinian and Marcian to Palladius, Praetorian Prefect.

Whoever in this sacred city or in the city of Alexandria, or in any diocese of Egypt and the other various provinces, follow the irreligious perversity of Eutyches, and who do not profess what the 318 holy fathers, founding the Catholic Church in the city of Nicea, have transmitted to us, what also the 150 other venerable bishops, who afterwards assembled in the noble city of Constantinople, as well as Athanasius and Theophilus and Cyrillus of blessed memory, bishops of Alexandria, believed; whom also the synod at Ephesus—at which Cyrillus of blessed memory presided, and at which the Nestorian error was condemned—followed in all things; whom likewise the recent venerable synod at Chalcedon followed, agreeing with the former councils of bishops in every respect, neither subtracting from, nor adding to the holy symbol, but condemning the destructive dogma of Eutyches—(all these adherents of Eutyches) must take notice that they are Apollinarian heretics; for Eutyches and Dioscorus followed with a sacrilegious bent of mind the criminal sect of Apollinaris.

Therefore all those who follow the perversity of Apollinaris or Eutyches must take notice that they will be visited with those punishments which were fixed by the constitutions of our divine predecessors against the Apollinarians, and subsequently by the decree of our Serenity against the Eutychians or by this august law.
Therefore the Apollinarians, that is Eutychians—between whom though there is a difference in name, there is identity in the depravity of heresy; the name is dissimilar, the sacrilege the same—whether in this noble city and the different provinces, or in Alexandria, or in the diocese of Egypt, who do not profess the faith of the aforesaid venerable fathers, and who are not communicants of the reverend Proterius, bishop of the city of Alexandria, who is of the orthodox faith, are forbidden to appoint or to have bishops, presbyters or other clergymen. And the Eutchians or Apollinarians who shall dare to give anyone the name of bishop, presbyter or other clergymen, or those who permit themselves to retain the priestly name so given them, shall undergo the punishment of exile and of [the] confiscation [of] their property.
No Apollinarians or Eutychians shall construct churches or monasteries for themselves, hold meetings or assemblies either during the day or at night, congregate either at the house or on the estate of anyone, or in a monastery or in any other place for the purpose of worship (operaturi).
If they should do this, and it appears that it was done by the consent of the owner, then, after proof thereof, upon examination before a judge, the house or estate in which they met shall be immediately added to the imperial treasury; the monastery, however, shall be given over to the orthodox church of the city in the district in which it is situated.
If, however, the forbidden meetings or assemblies have been held without knowledge of the owner, but with the knowledge of his collector of rent, lessee, procurator, or manager of the estate, then the lessee, procurator or manager, or whoever else received them in the house, or estate, or monastery and permitted the illegal meetings and assemblies to be held shall, if of mean or low condition, be publicly punished by cudgels, both as a punishment to them and as an example to others; but if men of noble station, they shall be compelled to bring ten pounds of gold to our treasury as a fine.
Further, no Apollanarians or Eutychians shall aspire to the imperial service. And if any of them are found in any imperial service, they shall be deprived of the girdle (of office), they shall be expelled from the communion with honorable men and with the palace (officials) and they shall not dwell in any city, even in that in which they were born, nor in any hamlet or district.
If they were born in this noble city, they shall be banished from our sacred presence, as well as from every metropolitan city throughout the provinces.
Besides no Eutychians or Apollinarians shall publicly or privately call a meeting or gather a crowd in order to discuss heretical error and justify the perversity of a pernicious dogma.
Nor shall anyone be permitted to dictate, write, publish, or emit anything against the venerable synod of Chalcedon, or bring forth the writings of others on the same subject.
No one shall possess books of this kind, or dare to preserve the sacrilegious memorials of their authors. If any are caught in these crimes, they shall be condemned to perpetual exile.
Those, moreover, who in the desire to learn shall listen to those who discuss the unholy heresy, shall incur the loss of 10 pounds of gold, which must be paid into the fisc (treasury). Nay, those who attempt to teach the prohibited doctrines shall be punished by death.
All writings and books, moreover, containing the destructive dogma of Eutyches, that is to say, of Apollinaris, shall be destroyed by fire, so that the very vestiges of the criminal perversity may be destroyed by the flames. For it is proper that monstrous sacrileges be stricken by commensurate punishment.
And the moderators of the provinces and their officials [and] staffs, as well as the defenders of cities must take notice that if they neglect that the matters which we order by this pious law are upheld or permit them to be audaciously violated, they shall pay a fine of 10 pounds of gold into the fisc, besides sustaining the loss of their good name.

Given at Constantinople August 1 (455).

1.5.9 The Emperor Leo.

Deeming it humane and pious, we permit heretics to enjoy the customary sepulture.

Given at Constantinople August 7 (457).

1.5.10 The same Emperor to Erythrius, Praetorian Prefect.

If anyone of the orthodox religion by a true or fictitious sale or by any other right or title wants to transfer lands and possession and immovable property on which churches or chapels of the orthodox faith are located to any heretic and one opposed to the orthodox faith, no such wish made either among the living or by secret determination (i.e. by testament) shall be valid, although such property has been transferred by a person of orthodox faith as vendor, or by whatever mans by some person interposed as a fictitious seller; but all documents (of transfer) of this kind shall be void as if never written.

For these lands and possessions which have in any manner been transferred and delivered to heretics shall be claimed for the fisc (imperial treasury).
Whether these lands remain in the hands of the orthodox owners or become part of the fisc, the churches and chapels located on them must be carefully and diligently restored to a good condition. For the aim6 of Our Serenity is always directed to the end that the temples of the omnipotent God, in which the institutions of our religion are permanently preserved shall, by faithful care, be preserved through all the recurring centuries.
Nor can it be doubted that if these possessions, on which the churches and chapels of the true faith are located, and where this faith is cherished, should fall into the hands of heretics, they would be deserted by them and despoiled, devoid of all worship, deprived of the sacred and customary mysteries, robbed of every splendor, no people meeting there, the clergy performing no rites therein, and these churches, from these causes, would perish, fall into ruin and be raised to the ground. For the heretics would not think of their restoration, since they do not want them to exist at all. We have enacted the present law in order to meet all this.

466-472.

1.5.11 [No heading given by Blume or in Krueger]

We ordain that those who embrace the pernicious error of the Manichaeans shall have neither opportunity nor permission to remain in any place in our empire, and if they shall appear or be found anywhere, capital punishment shall be inflicted on them.

Given August 3 (487 or 510).

1.5.12 Emperors Justin and Justinian.

We have permitted heretics to meet and have their own name, so that, shamed by our patience, they would voluntarily come to their senses and return to better things.

But an intolerable audacity has seized them, and disregarding the sanction of law, they have intruded themselves into the imperial service which such men are clearly, by the very words of imperial orders, prohibited from doing.
We mean by heretics all (outside of the orthodox faith) like the execrable Manichaeans and those like them, who should, forsooth, not even be mentioned anywhere on this earth, or be seen anywhere, or pollute anything by their touch.
But the Manichaeans, as we have said, should be expelled, no one should tolerate their name nor over look the fact, if anyone infected by this heresy should live in the same place with others. Every Manichaean should be put to death, wherever found.
We intend not only to restore and hereby make firmer the laws already enacted concerning other heretics, of whatever creed or name they may be—for we mean by heretics those who do not adhere to the Catholic Church and to our orthodox and holy faith—as well as concerning Pagans and who attempt to introduce the cult of many gods, and concerning Jews and Samaritans, but also to enact further provisions by which the safety, honor, and the good name of the adherents of the holy faith may be increased.
All can take notice, moreover, that, as we said, those who do not rightly worship God will even be deprived of their earthly goods.
We therefore forbid anyone of the aforesaid persons to obtain any position of dignity, acquire any girdle of office, civil or military, or to belong to any order whatever except to that of the so-called provincial apparitors (cohortalium). We want them to be bound to this order as though subject thereto from birth; they shall not be excused therefrom by reason of their evil faith, but they shall remain in that order, fulfill all the duties thereof, undergo every burden pertaining thereto, and be kept from every promotion, and from acting as enforcement officers in any cause public or private against orthodox Christians. Their offspring, too, shall be bound to she same lot, and shall, if they succeed in hiding for a time, be forced into it.
We do not permit heretics to undertake the duty either of defender or curator (father) of a city, lest under pretext of power connected therewith, they may injure the other Christians and especially the reverend bishops, and lest they obtain the power to judge and to condemn.
We do not even permit them to become advocates, who should rightly understand the imperial precepts, in proportion as they leas a cultured life.
If any heretics, and above all pagans, Jews, or Samaritans, and those who are like them, hold any of the aforementioned places, and having acquired any position of rank, are either registered as advocates, or have obtained any position in the imperial service, or girdle of office, we order them to be immediately removed therefrom.
For we want the places mentioned to be now and forever kept unsullied by the society of such men, not only in this glorious city, but in all provinces, and throughout the world.
This is not all new; for in the certificates of appointment, which are issued to many officials concerning their office, it is added that the person obtaining it must be orthodox.
Unless that, too, seems to be a law of our enactment, which though (merely) confirmed by us is not neglected as before, when it was a dead letter; for things seem to be the property not so much of him who first fount them, but of him who puts the thing found to good advantage.
If any violation occurs against these decrees, and anyone has possessed himself of a prohibited position, we not only declare the appointment void and forbid the acceptance thereof, but we also restrain the appointee by a fine of 30 pounds of gold.
If those whose duties it is to register appointments in the public register shall have learned of the perverse faith of an appointee and notwithstanding that fact admit him and do not oppose and reject him, we impose a fine of eight pounds of gold on them.
We do not, of course, let magistrates go unpunished if they permit those known to them to be in the prohibited list to be accepted in their service, except, forsooth, in the service as provincial apparitor, but demand of them a fine of 50 pounds of gold.
Whenever a fine is due by reason of any of the above mentioned provisions, the illustrious count of the imperial treasury will collect it and add it to the imperial private estate (crown domain).
Considering that we often enumerate the Goths among our devoted confederates whom neither nature nor their past life has given a mind (so as to be orthodox), we somewhat relax the severity (of the laws) as to them, and permit them to be our confederates and decorated with honors, as to us may seem best.
Knowing, moreover, that the opinions of non-orthodox parents are often at variance, the father or mother wishing to bring the children up in the orthodox faith, while the other opposes it, therefore we order that the opinion of that parent shall prevail who leads the children to the orthodox faith; by reason of which the wish of one of the parents will obtain, and there will be added that the better party will depart victorious.
Bringing aid, moreover, to those children whom their fathers, devoid of our holy faith, hate, although they may not accuse them (the fathers) of a crime forbidden by the laws, but because, recognizing the error of their progenitor, they adhere to the holy faith, we decide by this imperial pragmatic law, that the father shall furnish such (children) food and whatever else is necessary for sustenance, according to his means, nor shall he, as though inflicting punishment on them for saving their souls, neglect them while hungry and lacking the necessaries of life, so that they might be compelled, perchance—as ought not even to be said—to return to their former error through want.
He shall, so far as his means allow, give for his daughters, detrimentally affected for this reason, a dowry, and prenuptial gifts for his sons, against whom they can bring no objection as to any matter (other than herein mentioned) prohibited by law, and they shall give orthodox husbands to the former and orthodox wives to the latter, provided they are worthy. For it would be abominable and impious for (parents), who in every other respect are loved by their children, to become incensed against them for a cause, by the imitation, instead of punishment of whom, they would become better.
To enforce these provisions shall be the duty of those who occupy illustrious magistracies in this great city, so far as lies within their sphere, and of the moderators, greater or minor, in the provinces, as far as lies within their sphere.
The blessed archbishop, too, and the patriarch of this great city, as well as the pious bishops of the different cities, and also those who occupy patriarchal, metropolitan and minor positions shall take care that these provisions are maintained and shall take notice whether they are fully observed, and make reports to us, so that, if necessary, we may purse the violators of these provisions concerning the orthodox faith with greater severity.

527.

1.5.14 [No heading]

Heretics shall not be able to hold meetings, assemblies, or synods, or make installations, confer baptism, or have exarches or appoint anyone to or hold the offices of father or defenders (of a city) or manage any lands either by themselves or through fictitious persons, or do any act that is forbidden them. Whoever violates this shall be punished by death.

1.5.15 [No heading]

Since those who have fallen into the error of the Manichaeans deserve punishment not only while living, but should also be deprived of the right to transmit their property after death, either to persons at their pleasure or to their legal heirs in case of intestacy, we make use of this pragmatic sanction addressed to Your Magnificence, and direct that the property of those troubled by this disease (of Manichaeism) shall be investigated. If they or their descendants have children who are free from this madness, they shall be allowed to hold the property given them by law; but if any other blood-relatives or instituted heirs by testament—which is forbidden—are called to the inheritance (by them) or receive any gift from them while living, or are honored by any legacy from them, such property given or bequeathed shall be confiscated and added to the fisc (public treasury).

1.5.16 [No heading]

If any adherent of the superstition of the Manichaeans turns to the right and true faith, and after so great an indulgence of ours, and after many admonitions and the time given for penitence, he thereafter returns to his former error, or associates with or has any dealings with any adherent of the pernicious error, without immediately laying hands on him and delivering him to the glorious or worshipful or honorable judges, he shall be subject to capital punishment, shall have no refuge in any excuse and shall not be able, by any trickery to evade the punishment imposed upon him.

All persons in positions of rank or in the imperial service, and all members of guilds, must earnestly endeavor to discover whether one of their number is an adherent of the prohibited frenzy and to denounce such person so discovered, knowing that if any such person subject to punishment is found among them, and it shall appear that he was known to them to be such, they will not escape proper vengeance, though not adherents of the same error with him. For they who fail to denounce a known sinner are guilty with him.
All, therefore, must take notice that persons who have in any manner shown their penitence, but again are guilty of the criminal blasphemy of the Manichaeans will receive no clemency, but they should with a pure and steadfast mind, by the choice of better things, strive to call forth both God’s clemency, as well as our favor.
We also ordain that if anyone has books in any way relating to the impious error of the Manichaeans and he fails to produce them so that they may be burned and completely removed form our midst, or if any such books are under any pretext whatever found in his possession, he shall likewise be subjected to proper punishment.
But we deem those most deserving of death who, while pretending to desert this impious error and to follow the saving doctrine of orthodox Christians, thereafter delight in the society of incorrigible men, cherish what is theirs, and together with them in any way cover up impiety (omnimodo).
For those who formerly took part in impious assemblies and are thereafter considered worthy of the venerable dogma of the Christians shall only then be secure when it is evident that they have nothing to do with any of those impious men of such company, or, if they have social intercourse with one of them, they have immediately denounced him and delivered him to a legal tribunal. For by this alone they show to all that they have embraced the holy and venerable dogma not in pretense, but in earnest. If they neglect these provisions and are found to have met impious persons of this kind and have taken pains to conceal them, instead of delivering them over to the laws, they prove themselves unworthy of forgiveness, and shall pay the proper penalty imposed on the impious.

1.5.17 [No heading]

The synagogues of the Samaritans shall be destroyed, and if they attempt to erect others, they shall be punished. They can have no successors either by will or intestacy, except orthodox persons. They shall make no gift or transfer any property to anyone not orthodox; but the bishops and presidents shall see to it that they fisc will get it.

1.5.18 The same emperor.

Looking after all things useful to our subjects, we see to it above all, as the first and most necessary thing, so as to save their souls, that all sincerely revere the orthodox faith, adore and believe in the holy and consubstantial trinity, and acknowledge and venerate the holy, glorious, every virgin Mary, the Mother of God.

Since, therefore, we found many steeped in different heresies, we have earnestly endeavored by God-serving exhortations to lead them to a sounder belief and by imperial edicts and laws to correct the false belief which has taken possession of their minds, and to promote,10 acknowledge and honor the only true and saving faith of the Christians.
This was done in connection with the different heresies, especially the impious Manichaeans, of whom the Barbarites are a part and concerning whom we have enacted specific laws.
Our orders against the Samaritans shall also extend to the Montanists and Tascodrugi and Ophites; that is to say, that they shall not attempt to have any synagogue in which they may meet and be present at impious and ridiculous words and deeds; nor shall they be able to transmit their property as an inheritance or trust by testament or on intestacy, whether the successor be a cognate relative or an outside heir, unless perchance the person called to the succession, or who is instituted heir or is honored by a trust, embraces the orthodox faith.
In regard to all the other heresies—we mean by heresies all thought and veneration different from that of the Catholic and Apostolic Church and orthodox faith—we want the law heretofore enacted by us and by our father of blessed memory to be in force, in which law are defined the proper things not only concerning them, but also concerning the Samaritans and Pagans, namely, that those affected by such frenzy shall not be in the imperial service, or enjoy any position of rank, or [certainly] under any pretense of a professor of any school divert the minds of the simple to their own error, and in this manner render them more indifferent toward the true, pure, orthodox faith, but we permit only those to teach and receive public salary who are of the orthodox faith.
But if anyone, in order to b obtain any position in the imperial service or as advocate or a position of rank, or a public charge, embraces the true and orthodox faith only in pretense, and, promoted (to such position) by reason of such pretense, is found to have a wife and children who are adherents of a clear heresy, and fails to lead them to knowledge of truth, we order him to be removed from such advocate’s position, service, or public charge. If he secretly remains, he may not transfer any of his rights or property either by gift, contract, or last will to any heretic. The property bequeathed to heretics and the inheritance left by him to a heretic shall be taken by the fisc (public treasury). But truly orthodox Christians may receive property from him while he lives or may become his heirs after he is dead.
Only persons who are orthodox Christians shall be heirs to those occupying, or those who have occupied positions of rank, or in the imperial serviced, or as advocate, and all those who have enjoyed any kind whatever of public charge or favor, shall have only orthodox Christians as heirs, whether such heirs are children, cognate relatives, or outsiders appointed as such.
We entirely forbid anything to be left to a heretic as an inheritance or gift or in any other manner; and if it appears that anyone has done anything of the kind, whatever has in this manner been left or given, shall be confiscated to the fisc.
If a heretic husband cohabits with an orthodox wife, or, on the contrary, a heretic wife has an orthodox husband, their children shall be brought up in the orthodox faith, and if it happens that some of those children become orthodox while others, for any reason remain adherents of the same or some other heresy, then only the orthodox children shall be heirs of the father and mother, and so that the others shall have no claim on the maternal or paternal inheritance.
If all the children of those thus cohabiting adhere to the same error, they shall be disabled to receive the inheritance from either parent, but if there is a cognate relative of whatever degree of those thus cohabiting who is orthodox faith, he shall be called to the inheritance of both; if there is none such, the imperial treasury shall receive their property. The then illustrious count of our crown domain and the corps under him must carefully inquire into the matters decreed by us and must claim the property which belongs to (the treasury) by reason of violation of the foregoing provisions.
And plainly, if anyone of those under our ban, that is to say, a pagan, Manichaean, Samaritan, or a heretic, or a kin to these, should, perchance, seek a position in the imperial service or one of rank or as advocate, or any public charge, or should attempt to teach, or receive a public salary, or, in a word, do any prohibited act, and he is not denounced by the office concerned, civil or military, here or in the provinces, the offender himself shall, after he has been apprehended, be subjected to the punishment above laid down; the persons concerned who have failed to report him, whether serving on an official staff or in any other order, shall pay a fine of 20 pounds of gold for each such person, and a fine of 30 pounds of gold shall similarly be imposed on every order (concerned), military or civil, here and in the provinces.
But if he (the official concerned), has pursued the heretic and has demanded the penalty and has shown himself to have been diligent in the things ordered, but has failed to collect the penalty due from any person or in any cause, the illustrious count of the crown domain shall collect and receive it and turn it into the crown domain, knowing that if he, through the corps of palace officials under him, and the corps itself, fail to investigate such matters and to summon the guilty, the former shall pay a fine of 50 pounds of gold, and the members of the corps itself, aside from the corporal punishment which is due in such case, will incur the risk of a fine imposed on them if they do not pay attention to our orders.
The same duty is imposed on the pious bishop of each city, who shall investigate in the different cities the attempts made by anyone in violation of this, our imperial law, and shall make them known to the honorable rector of the province, so that the latter may enforce our pious orders. If the reverend bishops find that the moderator of the province is negligent, he should report the matter to us, so that we may subject the negligent ones to the same punishment, to which we have ordered the violators of the foregoing provisions to be subjected.
And be it known to the pious bishops that if they are negligent they will come before the Lord God and his judgment seat; and if they are convicted of negligence (here) they stand in danger of losing their bishopric.

1.5.19 The same Emperor to Demosthenus, Praetorian Prefect.

We know that there are many orthodox children, neither parent of whom adhere to the orthodox religion, and we therefore ordain that not only in case when one of the parents is of the orthodox faith, but that also in those cases in which both parents, that is to say the father and mother, belong to a heretic sect, only the orthodox children shall be called to the succession of their parents, either pursuant to testament or on intestacy, and receive donations or gifts from them, and the other children who, instead of embracing the love of the omnipotent God, follow the impious paternal or maternal error, shall be excluded from every benefit.

If there are no orthodox children, then the inheritance shall fall to the agnate or cognate relatives, provided they are orthodox.
If there [are] no such agnate or cognate relatives, then the inheritance shall be claimed by our fisc.
But lest we seem to provide only for children when progenitors are dying, but not while they are living, as has come to our ears, we impose upon such parents the necessity to nourish such orthodox children according to their means and furnish them with all things necessary for their daily existence; to give dowries for their daughters and grand-daughters and provide prenuptial gifts for their sons and grandsons; the amount thereof to be in accordance with their means, lest, for embracing the love of God, children may be robbed of paternal or maternal providential care.
All provisions, moreover, made in our constitutions concerning the punishments of pagans, Manichaeans, Montanists, Tascogrodi, Ophites, and other heretics, are confirmed by this law to remain in force forever.

(529).

1.5.20 The same Emperor to the count of the Crown Domain.

We have learned that impious heretics even after the enactment of our laws and our proceedings against them still dare to meet, appoint superintendents and exarches, and administer baptism, and want to enjoy the privilege of having their shops within the sacred enclosures (of the church), the enjoyment of which becomes only those of the orthodox faith.

We therefore ordain that Your Magnificence shall also now prohibit them from holding any meetings in any place whatever, especially in this noble city from administering any baptism, and from misusing the name or ceremonies of the holy communion, which are appropriate only for those who venerate the true faith and cherish, as is becoming, the venerable name of Christians.
Neither do we permit those, who have their shops within sacred enclosures, to enjoy any privileges on account thereof, knowing that if after this imperial decree they do anything hitherto prohibited, or, either in this imperial city, or in other places, hold meetings or baptisms, or administer communion to each other, or do anything that is prohibited, they will suffer the penalties which the violators of the laws and those who fail to observe the intent thereof must suffer, those who furnish them with houses for the purpose of holding meetings knowing that they will suffer the penalty prescribed by former laws.
The foregoing are general provisions concerning all heretics. As to the impious Montanists, we specially order that none of their so-called patriarchs, associates, bishops, presbyters, deacons, or other clergymen, if, indeed, they should be called by those names, shall be permitted to remain in this noble city, but all shall be expelled, lest some simple folk, hearing their absurd fables, and following their impious doctrines, should lose their souls.
Neither do we allow them to do any business within the sacred enclosures of the church) lest the holy mysteries of the orthodox faith may be divulged to these profane people who are unworthy to hear any holy and pure sound.
Their impious revelries and their impious and damnable banquets, during which they attempt to captivate the minds of simple folk, are also forbidden. For it ought to be forbidden that those who have turned away from them to the true faith should again wickedly associate with those affected by this sickness, and, perchance, through this association and manner of living, again return to their former error.
We also forbid them to deal in slaves, lest, by delivering them over to the associates of their faith, they may seduce them to their own perversity.
We likewise forbid that alms be given in the name of honorarium, as they are called, to the adherents of the superstition of the Montanists, which (donations) are accustomed to be given by the highest judges and the holy Great Church on account of pressing need, since it is not proper that such donations be given to adherents of the above mentioned superstition—a superstition containing nothing rational or right, but justly odious to and condemned by all; and if anyone gives them aid without good reason, he shall be punished by a fine of 10 pounds of gold.
We want all these provisions maintained by Your Magnificence and by the rectors of the people (provinces), the same penalty (above mentioned) hanging over the official staff under you and over the provincial official staff if they do not observe these provisions. No less will our displeasure fall on those who hereafter occupy the magistracy now filled by Your Magnificence if they violate or permit to be violated any of the matters decreed; and the presidents also of the provinces, who are guilty hereof will likewise be punished by a fine of 10 pounds of gold.

Given at Constantinople November 22 (530).

1.5.21 The same Emperor to John, Praetorian Prefect.

Since many judges, in disposing of cases, have applied to us asking us to tell them what to do about heretical witnesses, whether their testimony should be accepted or rejected, we ordain that no heretic and those who cherish the Jewish superstition shall give testimony against orthodox (Christians) whether one of them is orthodox or the other.

But if heretics or Jews want to litigate among themselves, we permit promiscuous agreement and witnesses worthy of them to be introduced; we except,however, Manachaeans and those who are a part of them, the Borborites, and those holding to pagan superstition, and Smaritans, and those similar to them, namely the Montanists, and the Tascodroges and Ophites, to whom, on account of the similarity of guilt every legal act is forbidden.
And to these indeed, that is to say to the Manachaeans and Borborites, pagans and Samaritans, Montantists, Tascodroges and Ophites, the giving of testimony and other legal intercourse is forbidden. Other heretics are only prohibited from giving testimony against the orthodox, according to what has been stated.
We permit their testimony, however, without distinction, concerning testaments and dispositions by last wills, and contracts, in order that proof thereof will not be made more difficult.

Given at Constantinople July 28 (531).

1.5.22 The same Emperor to John, Praetorian Prefect.

We direct that our sanction, by which we ordered that no one bound by the error of heretics should receive an inheritance, legacy [or] trust shall also apply to last wills of soldiers, whether executed according to the ordinary or the military law.

Given September 1 (531).

1.6.1 Emperors Valens, Gratian and Valentinian to Florianus, Vicar of Asia.

We deem unworthy of the priesthood the priest who unlawfully repeats the holy rite of baptism. For we condemn the error of those who, despising the precepts of the apostles, by rebaptising those who have already received the Christian sacraments, do not purify them but defile and pollute them under pretense of cleaning them.

Given at Constantinople October 17 (377).

1.6.2 Emperor Honorius and Theodosius to Anthemius, Praetorian Prefect.

If any person shall be discovered to rebaptize anyone imbued with the mysteries of the Catholic faith, he, together with him who has permitted this infamous crime— provided the person persuaded to be rebaptized be of an age capable of crime—shall be punished by death.

1.6.3 Emperors Theodosius and Valentinian to Florentius, Praetorian Prefect.

No heretic must be permitted to rebaptize, either free persons or their own slaves who have been initiated into the mysteries of the orthodox, nor forbid those (slaves) whom he has bought or whom he has in any manner, and who have not yet joined his superstition, to adhere to the religion of the Catholic Church.

If anyone does so, or if a free man permits himself to be rebaptized, or if asks to repeat it, he shall be condemned to a fine of ten pounds of gold. Neither of them shall have power to make a testament or a gift.
All these provisions must be upheld and no judge shall have power, when a crime has been reported to him, to inflict a lesser punishment than provided, or no punishment at all, unless he himself wants to suffer the penalty from which he, by dissimulating, released others.

Given at Constantinople May 30 (429).

1.7.1 Emperor Constantine to Thallasius, Praetorian Prefect.

If anyone, having become a Christian according to the canons of the church, becomes a Jew and joins sacrilegious assemblies, and the accusation has been proved, his property shall be turned over to the fisc (public treasury).

Given at Milan July 3 (357).

1.7.2 Emperors Gratian, Valentinian and Theodosius to Hypatius, Praetorian Prefect.

If anyone accuses a decedent of having violated and deserted the Christian religion, and contends that he joined the sacrileges of the temples of the Pagans or the Jewish cult, and that for that reason he was disqualified from making a testament, he must commence his action, and receive a trial of that kind, within the continuous period of five years, which period is fixed for actions against unjust testaments.

Given at Patavin May 18 (383).

1.7.3 Emperors Valentinian, Theodosius and Arcadius to Flavianus, Praetorian Prefect.

Those who have betrayed the holy faith and have profaned the holy rite of baptism by a heretical superstition shall be segregated from the companionship of all, shall be unable to give testimony, and, as we have heretofore ordained, shall not be able to make a testament; they shall inherit from no one, nor be named by anyone as heir.

We should long ago have directed them to be expelled and removed far away, had it not appeared that to be among people without enjoying their society, is a greater punishment.
And they shall never return to their former condition, the flagitiousness of their morals shall never be obliterated by penitence, or covered up by any pretended and invented excuse or exculpation, since lies and pretenses cannot protect those who have polluted the faith which they had vowed to God, and who, having betrayed the divine mystery, have joined the profane. Help is extended to the fallen and to the erring, but the lost ones, those who have profaned the holy baptism, cannot be aided by any remedy of penitence, which helps other crimes.

Given at Concordia May 11 (391).

1.7.4 Emperors Theodosius and Valentinian.

Let the voice of accusation of everyone ever reproach the sacrilegious name of apostate, and let inquiry into that kind of crime not be barred by any lapse of time.

We say to them again, though past interdicts suffice, that after having turned from the path of the true faith, they shall have no power to make a testament or gift. They cannot defraud the law even by a pretended sale, and all their property shall rather pass by intestacy to those of their relatives who are followers of Christian faith.
An action against such sacrilege shall be perpetual even to the extent that all intestate heirs shall have the unqualified right of accusation even after the death of the transgressor, and it shall be no objection that no action was brought against him during his life time.
But lest the interpretation of this crime erroneously take too wide a sweep, (it must be understood that) we pursue in this law those Christians who make (Pagan) sacrifices or cause them to be made, and whose perfidy proven after death is to be punished in that their gifts and testaments shall be annulled and their property shall pass to the persons whom the law designates as intestate heirs.

Given at Ravenna April 7 (426).

1.7.5 Emperors Theodosius and Valentinian to Florentius, Praetorian Prefect.

We decree that whoever has seduced anyone, free or slave, by force or punishable persuasion, from the worship of the Christian religion to a nefarious heresy or cult, shall be punished by the loss of his property and by death.

Given at Constantinople January 31, (438).

1.7.6 Emperors Valentinian and Marcian to Palladius, Praetorian Prefect.

We order that those of the clergy of the Catholic churches and the monks of the orthodox faith who have abandoned the worship of the orthodox religion and follow the heresy and execrable dogmas of Apollinaris or Eutyches shall be subjected to all the punishments which were provided in the former laws against heretics and they shall also be expelled from the very soil of the Roman empire, just as the foregoing laws have provided concerning the Manichaeans.

Given at Constantinople August 1 (455).

1.8.1 Emperors Theodosius and Valentian to Eudaxius, Praetorian Prefect.

Since we exercise great care to guard in every manner the religion of the supernal power, we order that no one shall engrave or paint the sign of the Savior Christ either on the earth or on stone or marble placed in the ground, but whenever such is found, it shall be destroyed; and we specially command that if anyone attempts a violation of our law, he shall be punished by the severest penalty.

Given May 21 (427).

1.9.1 Emperor Antoninus to Claudius Tryphonius.

No suit can be brought to recover what Cornelia Salvia bequeathed to the society of Jews situated in the city of the Antiochians.

Given June 30 (213).

1.9.2 [No title given]

The powerful rector of the people will take care that you are not disturbed by corporeal duties when you are accustomed to rest on the Sabbath.

1.9.3 Emperor Constantine to Evagrius, Praetorian Prefect.

We want the Jews and their elders and patriarchs to know, that if anyone should dare, after the enactment of this law, to assail, by stones or other mad method—which we have learned is now being done—persons who have deserted their unholy sect and have turned to the worship of God, they, together with all their associates, shall be delivered to the flames and burned.

Given at Murgillum October 18 (315).

1.9.4 Emperors Valentinian and Valens to Remigius, Master of Offices.

You must order those who enter a Jewish synagogue as though by right of quartering to leaf it, for it becomes them to enter only private houses by that right, not places of worship.

Given at Trieste May 6 (365, or 370, or 373)

1.9.5 Emperors Gratian, Valentinian and Theodosius to Hypatius, Praetorian Prefect.

The order on which Jews rely, by which freedom from curial duties (liturgies) is given, is rescinded.

Given at Milan April 18 (383).

1.9.6 Emperors Valentinian, Theodosius and Arcadius to Cynegius, Praetorian Prefect.

No Jew shall marry a Christian woman, nor a Christian man a Jewess. And if anyone does anything of the kind, the act shall be considered in the nature of adultery, and liberty of accusation is given to everyone.

Given at Thessalonica April 30 (388).

1.9.7 The same Emperors to Infantius, Count of the Orient.

No Jew shall follow the custom of his people in contracting marriage, nor enter wedlock according to Jewish law, nor enter into different marriages at the same time.

Given at Constantinople February 27 (393).

1.9.8 Emperors Gratian, Valentinian and Theodosius to Eutychianus, Praetorian Prefect.

The Jews living under a common law of Rome, shall in cases not (non)pertaining to their superstition, but to questions of venue, laws, and rights, go into court in the usual manner and commence and defend actions according to Roman laws. 1. But if any want to submit their litigation in civil cases only to Jews as arbitrators, they are not forbidden by law to select such tribunal, and the judges shall carry out the decisions as if made by a referee as judge (and assigned pursuant to law).

Given at Constantinople, February 3 (398).

1.9.10 The same Emperors to Eutychianus, Praetorian Prefect.

Jews who are shown to belong to a curia shall be delivered over to it.

Given December 30 (399).

1.9.11 Emperors Honorius and Theodosius to Anthemius, Praetorian Prefect.

The rectors of the provinces must prevent the Jews, in a ceremony of their festival of Aman (Haman), in commemoration of some punishment, from setting fire to, and from burning with sacrilegious mind, a gibbet similar to the holy cross, in contempt of the Christian faith, lest they mingle the sign of our faith with their places; but they shall retain their own rites without (showing) contempt of the Christian faith; and they will unquestionably lose (the right to do what has been ) permitted (them) heretofore, unless they refrain from unlawful acts.

Given at Constantinople May 30 (408).

Note: At the feast of Purim, the Jews execrated the name of Haman, erected a gibbet, on which a figure representing Haman was suspended and which was treated with every kind of indignity. The gibbet was at times made in the form of a cross, perhaps purposely, so as to show contempt for the sign revered by the Christians. Such practice lead to fights with Christians. Hence it was forbidden by the foregoing law. Millman, History of the Jews 159.

1.9.12 The same Emperors to Javius, Praetorian Prefect.

The unheard-of name of worshippers of the heavens (coelicolarum) has arisen out of some new crime of superstition. Unless they turn to the worship of God and to Christian belief they shall be subject to the laws in which we direct the heretics to be punished. Their buildings, in which the assemblies of, we know not what, new dogmas are held, shall be claimed for the churches. For it is certain that whatever differs from the faith of the Christians is contrary to Christian precepts.

Given at Ravenna April 1 (409).

Note: The coelicoli were a Jewish sect who worshipped the sun and moon.

1.9.13 The same Emperors to Johannus, Praetorian Prefect.

We direct that the Jews shall not be required to do any work or for any reason be summoned (into court) on the day of the Sabbath or on other days when they perform the worship of their cult; but neither shall they summon the orthodox Christians on the aforesaid days, lest the Christians are disturbed on these days by provincial apparitors (officialibus) at the instigations of the Jews. It is clear that remaining days suffice for fiscal needs and private suits.

Given at Ravenna July 26 (412).

1.9.14 The same Emperors to Philippus, Praetorian Prefect.

No Jew while innocent shall be trampled on because he is a Jew; nor shall his religion, whatever it may be, expose him to injustice. The synagogues of the Jews or residences shall nowhere be burned or wrongly and without cause injured, since, though someone may be implicated in crimes, the vigor of judicial tribunals and the protection of the public law has been established in our midst so that no one may seek his own revenge.

But as we thus look out for the Jews, so, too, we give this warning, that Jews should not become insolent, and relying on their own safety, commit any rash act in disrespect of the Christian cult.

Given at Constantinople August 8 (412).

1.9.15 The same Emperors to Aurelianus, Praetorian Prefect.

If there is any dispute between Christians and Jews, it shall not be settled by the elders of the Jews, but by the ordinary judges.

Given at Constantinople October 20 (415).

1.9.16 The same Emperors to Asclepiodotus, Praetorian Prefect.

The Jews will be punished by confiscation of their property and by perpetual exile if it shall be shown that they have circumcised a person of our faith, or have directed it to be done.

Given at Constantinople April 9 (423).

1.9.17 Emperors Theodosius and Valentinian to Johannus, Count of the Imperial Exchequer.

The primates of the Jews, who are elected in the councils of the two provinces of Palestine, or who live in other provinces must at their peril, and with Palestine officials compelling them, collect the annual tax from the synagogues in the same manner as the patriarchs formerly collected in the name of coronary gold; and whatever used to be collected in the west of the empire and paid to the patriarchs shall now be paid into our treasury.

Given at Constantinople May 30 (429).

1.9.18 The same emperors to Florentius, Praetorian Prefect.

By this law, which shall last forever, we ordain that no Jew, to whom all imperial posts of administration and all positions of rank are forbidden, shall further not be permitted to perform the function of defender of the city, nor receive the honor of a curator (father) of the city, lest armed by the authority of their office, they have power to judge and pronounce sentence against Christians or even the bishops of our holy religion, as though in insult of our faith.

With equal consideration we direct that no new Jewish synagogues shall be erected, but the old ones, threatened by ruin, may be propped up.
The Jew, accordingly, who has received the badges (ribbons) of an office, shall not take possession of any acquitted position of rank; and if he has sneaked into a forbidden official position, he shall be expelled therefrom. If he has erected a synagogue, he must know that he has troubled himself only for the benefit of the church. If he has craftily obtained honors and titles, he shall, nevertheless, as before, be considered as of the lowest status, even though he unlawfully served (promeruerit) in a position of honor. If he has commenced the construction of a synagogue, not (merely) with the intention of repair, he shall lose 50 pounds of gold for his pains.
If he attacks another’s faith by (his) perverse doctrine, his property will be confiscated and he will thereafter be put to death.

Given at Constantinople January 31 (439).

1.10.1 Emperor Constantius to Evagrius.

A Jew must not purchase or acquire by gift or any other title any Christian slave. But if any Jew shall either possess a Christian slave or should think of possessing a slave of any other sect or people for any reason, and shall circumcise him, he shall not only be punished by the loss of the slave, but also by death, and the slave, shall, as a recompense, be given his freedom.

Given at Constantinople August 15 (339).

1.10.2 Emperor Justinian.

A pagan, Jew or Samaritan or whoever is not orthodox, cannot have a Christian slave; the slave shall be liberated, and whoever has him shall pay 30 pounds of gold to our crown domain.

Given at Constantinople, June 28.

1.11.1 Emperor Constantius to Taurus, Praetorian Prefect.

The (pagan) temples in all places and cities shall be immediately closed; access to them is forbidden and incorrigible men are denied the opportunity of sinning.

We also want everyone to abstain from sacrificing.
If anyone does anything of the kind, he shall be struck down by an avenging sword, the property of the person killed shall be claimed for the fisc. The rectors of the provinces shall be punished similarly if they neglect to avenge such crimes.

Given this 1st day of December (354).

1.11.2 Emperors Gratian, Valentinian and Theodosius to Cynegius, Praetorian Prefect.

No mortal shall have the audacity to so sacrifice, that by inspecting the liver and the presage of the entrails, he may receive the hope of an idle promise, or what is worse, seek to penetrate the future by execrable inquiry. The severest and most painful punishment will be visited upon those who, contrary hereto, attempt to explore the present or the future.

Given at Constantinople May 25 (385).

1.11.3 Emperors Arcadius & Honorius to Macrabius and to Proclianus (Vicar of the Five Provinces)

As we prohibit sacrifices, so too, we want to preserve all ornaments of public buildings. Persons who attempt to destroy them cannot rely as authority to do so by bringing forward any rescript or law. Documents of that sort shall be taken from them and referred to us.

Given at Ravenna January 29 (399).

1.11.4 The same emperors to Apollodorus, Procounsul of Africa.

As we have already destroyed profane rites by a salutary law, so we do not want festal assemblies of citizens and communal pleasure disturbed. Hence, the amusements, but without sacrifice or damnable superstition, shall be exhibited to the people, according to ancient custom, and feasts shall be given if the people demand them.

Given at Patavia August 20 (399).

1.11.5 Emperors Honorius and Theodosius to the people of Carthage.

We order that all places which the error of the ancients assigned to sacred purposes shall be confiscated to our crown domain. But those from that source, granted by the liberality of preceding emperors or by Our Majesty to the several persons shall forever remain part of their property. The property which have, by repeated laws, assigned to the venerable church, shall justly be claimed by the Christian religion as its own.

Given at Ravenna August 30 (415).

1.11.6 The same emperors to Asclepiodotus, Praetorian Prefect.

We specially command Christians who are such in fact, or who are called such, not to venture to lay hands on Jews or pagans who live quietly and do nothing turbulent or unlawful, thus misusing the influence of (the Christian) religion; and if Christians use violence toward those who are protected, or seize their property, they shall, if convicted not alone restore what they took, but double that amount. 1. And the rectors of provinces and their staff and the principal men (of cities) may know that if they do not avenge such deeds, but permit them to be committed by the people, they shall be punished the same as the perpetrators of the crime.

Given at Constantinople June 8 (423).

Note: The principals, also called primarii, primates or summates, here translated as principal men, were the leading men of a city. As the magistracies in the municipalities weakened in the later empire, these principal men acquired administrative powers, and they are grouped sometimes with the decurions, and sometimes with the defender, in municipal duties. The title was in some cases conferred by a vote of the municipal council, or senate, and was usually reserved for those who had satisfied their obligations toward the municipality. The chief member of the local council received special honors and privileges, and on the fulfillment of certain conditions, was eligible to be made count of the first order. Frank Abbott & Allan Johnson, Municipal Administration in the Roman Empire 94. For municipal councils, see headnote C. 10.32. For titled positions, see C. 12.1 and subsequent titles.

1.11.7 Emperors Valentinian and Marcian to Palladius, Praetorian Prefect.

No one shall re-open the temples, already formerly closed, for the purposes of veneration and adoration. Let our age be free from rendering the pristine honor to nefarious, execrable statues, hanging garlands on impious doors of temples, lighting fires at profane altars, burning incense on them, slaughtering victims, pouring wine from bowls as a libation, and considering (what in fact it) sacrilege as religion.

And whoever, contrary to this ordinance of Our Serenity and contrary to the interdicts of the ancient, holy constitutions, ventures to offer sacrifice, may be rightly accused of such a crime before a public judge, and if convicted, his property shall be confiscated and he shall be punished by death.
Those who have guilty knowledge of, and assist in, offering sacrifices shall suffer the same punishment imposed on the former, so that, terrified by the severity of our law, and by the fear of punishment, they may desist from the forbidden sacrifices.
But if the honorable rector of a province, after legal accusation, and upon conviction of the crime after trial, fails to avenge such crime, the judge himself shall be compelled to pay 50 pounds of gold to our fisc and his staff a like amount.

Given November 4 (451).

1.11.9

We order that our magistrates in this imperial city, as well as in the province shall zealously take care upon information received directly or from the pious bishops, to inquire into all iniquities of the pagan superstition contrary to law, so that no such iniquities are committed, or if committed, punished. But if the power of the provincial magistrates is not sufficiently great to enforce these provisions, they shall report the matter to us so that the cause of and inducement for the misdeeds may not be blamed on them.

No one shall by testament or gift be allowed to leave or give anything to persons or places in order to uphold the iniquity of the pagans, although this purpose be not specially mentioned in the words of the last wish, testament or gift, but where the truth may be ascertained by the judges in some other manner.
Whatever has been thus left or given, shall be taken away from the persons or places to whom or to which they are left, and shall become the property of the city in which such persons live or to which such places are tributary, so that it may be expended as public income.
All the punishments which were introduced by former emperors against pagan error or in favor of the orthodox faith shall be valid and in force in the future and are retained in force by the present pious legislation.

1.11.10

Since some have been found who, imbued with the error of the impious and wicked pagans, do things which move the indulgent God to just wrath, and in order not [to] leave matters pertaining to them unprovided for, and knowing that they, having abandoned the adoration of the true and only God, have, in their insane error, offered sacrifices to statues and performed worship replete with iniquity, and that even those who had been already found worthy of sacred baptism, have committed these sins, we subjected them, in a spirit of kindness, to the punishment adequate to the crime of which they shall be convicted. And by the present law we give notice to all that, if in the future it shall appear that those who have become Christians and have at any time been considered worthy of the holy and saving baptism, still adhere to pagan error, they shall be punished by death.

Those who have not yet ben deemed worthy of the holy baptism must make themselves known whether they live in this imperial city or in the province, and go to the holy churches with their wives and children and their whole household, to be taught the true faith of the Christians, and when so taught, to entirely abandon the former error, receive the saving baptism, or realize that if they consider these things of little worth, they will be without any civil rights and will not be permitted to become owners of property movable or immovable, but stripped of all things, will be left in penury, and in addition will be subject to the proper punishment.
Moreover, we forbid the teaching of any doctrine by those who labor under the insanity of paganism, so that they may not in that manner pretend to instruct those coming to see them in a way to excite pity, while in fact they corrupt the souls of their disciples. Nor shall they receive any salary (annona) in as much as they are not permitted to claim anything of the kind pursuant to a rescript or pragmatic sanction.
If there shall be any approved men here or in the provinces who shall not hasten to our holy churches with wife and children, as above mentioned, he shall undergo the aforesaid punishment, the fisc shall receive his property, and he himself shall be sent into exile.
Moreover, if anyone hiding himself in our state shall be found to offer sacrifices or worship of statues, he shall be punished by death to which punishment the Manichaeans and, which means the same, the Borbarites, are deservedly subjected; for we consider these latter to be like the former.
We also ordain that their children of tender age shall immediately and withoutdelay, receive the saving baptism; but those who have passed the age of infancy shall go to the holy churches to be instructed in the holy scriptures, shall give themselves, to true penitence, and shall, after abandoning their former error, receive holy baptism. They shall in this manner firmly embrace the true orthodox faith, so as not to relapse into their former error.
Those, however, who for the sake of retention of a position of rank, imperial service, or of property, deceitfully receive the saving baptism, but leave their wives, children and household in the error of paganism, shall be shorn of their property, be without civil rights and be subjected to the punishment which they deserve, for it is clear that they did not receive the holy baptism in good faith.
We make these provisions, therefore, against the wicked pagans and Manichaeans, and against the Borbarites, who, as has been shown, are a part of the Manichaeans.

1.12.1 Emperors Arcadius and honorius to Archelaus, Augustal Prefect.

The Jews, who pressed by some criminal charge or by debts, pretend that they want to join the Christian religion, so that by fleeing to the churches they may avoid the charges or the burdens of the debts, shall be shut out and shall not be received therein until they have paid all their debts or have been purged of the charge by proof of innocence.

Given at Constantinople June 7 (397).

1.12.2 Emperors Honorius and Theodosius to Jovius, Praetorian Prefect.

By reason of faith and zeal for God (Deo), we ordain that no one shall abduct those who take refuge in the holy churches, adding that if anyone should violate this law, he is to be prosecuted for treason.

Given at Revenna April 1 (409).

1.12.3 Emperors Theodosius and Valentinian to Antiochus, the Magnificent.

Let the temples of the great God be open to those who are in fear. We dedicate for the safety of refugees not only the sacred altars and the oratory of the temple which is enclosed by the barriers of four walls, but whatever space there is beyond that, as far as the outermost entrance of the church, shall be a place of safety for refugees, so that the space between the temples, which we have directed to be bounded as aforesaid, and the first entrances of the church, beyond public grounds, whether consisting of houses, gardens, halls, baths or porches, shall serve the fugitives (as places of safety) the same as the temple, and no one shall lay sacrilegious hands on them; nor may he, who dares to say so, take refuge for help when he sees himself in danger.

We grant this extent of space, however, so that no refugee may be permitted to remain in the temple of God or at the sacred altars, or eat, sleep or pass the night there, which the clergy, in honor of religion, should forbid, and the refugees, for the sake of piety, should avoid. The refugees shall not have in, or bring to, the churches, any arms, whether swords or other weapons, which, as other things, we forbid not only in the sacred temples and at the altars, but also in the houses, rooms, gardens, baths, halls, and porches.
Hence, those who, without arms, flee to the sacred house of God and the sacred altar, anywhere else or in this city, should, without insult to them, be prevented from sleeping or taking food in the temple or at the altar by the clergy who should show them the spaces which are provided for their safety and protection, and who should inform them that capital punishment will be visited on those who approach those places rashly (to seize the refugees). If the refugee is not obedient thereto, religion must be given the preference over compassion, and the rash fugitive must be removed from the sacred places to those above mentioned.
And we give warning beforehand to everyone not to occupy the sacred churches with arms. If there are any armed men in any place of the church, whether within the temple, or about it, or outside of it (within its precinct), they shall be sternly summoned by the clergy, under the authority of the bishop, to lay down their arms, giving them assurance and oath that they are better fortified by religion than by arms.
And if, admonished by the voice of the church, and after so many and such warnings, they do not lay down their arms, then with religion satisfied, and Our Serenity and the bishops being justified before God, they shall be dragged from the churches by armed men admitted (for that purpose) and shall be delivered to the favors of fate.
But no armed fugitive shall be removed from the church without the decision or order of the bishop and ourselves, and of the judge here or elsewhere, lest if that power against unfortunate persons be given to many, confusion and disorder might arise therefrom.

Given at Constantinople March 23 (431)

1.12.4 The same emperors to Hierius, Praetorian Prefect.

If anyone’s slave should unexpectedly, while armed, without anyone suspecting that, rush into a church or to altars, he shall be instantly driven away, or notice at least shall be immediately given to his master, or to the person from whom the slave fled through such insane fear, and opportunity to take him immediately shall not be denied.

But if, through trust in his arms, and impelled by an insane impulse, he is led to resistance, the master may drag him away with such force as is necessary for that purpose. And if it should happen that he is killed in conflict and fight, the master shall incur no quilt, and it shall be no cause for a criminal accusation if the slave who assumesa hostile or homicidal attitude is killed.

Given at Constantinople March 28 (432)

1.12.5 Emperor Marcian to the people.

We announce to all of you to abstain from all sedition in the holy churches and in other venerable places where it is proper to offer vows in peace and quiet. No one shall make outcries, create a tumult, make an attack or attempt to collect or hold meetings of an assembled multitude in any part of the city, village or any other place. For if anyone believes that any wrong contrary to law is committed against him by any persons, he may call upon the judge and demand proper protection. Let all, indeed, take notice that if anyone should, contrary to this edict, do anything or attempt to create any sedition, he will be subject to the punishment of death.

Given at Constantinople, July 13 (451).

3.12.2 Emperor Constantine to Helpidius.

All judges and the people in the city should rest, and the work in all the crafts should cease, on the holy Sunday. But the people in the country may freely and lawfully apply themselves to the culture of the fields, since it often happens that grain can be sown in the furrows and vines planted in the trenches on no better day, so that the benefit conferred by the providence of God may not perish with the opportunity of the moment.

Promulgated March 3 (321).

References

1. Blume, Fred H.: Annotated Justinian Code.

LCAO - La Colline Astronomical Observatory

Religious laws in the Codex Justianus

References