IN THE CODEX JUSTINIANUS
( AD 214-532 )
( S. P. Scott, The Civil Law, XII, Cincinnati, 1932 ).
|CONCERNING HERETICS, MANICHEANS, AND SAMARITANS|
11. The Same [The Emperor Anastasius] to John, Praetorian Prefect.
As many judges requiring Our advice have consulted Us as to the disposal of litigation, in order that they may be advised what to decide with reference to heretic witnesses, and whether their testimony should be accepted or rejected, We order that no testimony shall be given against orthodox litigants by a heretic, or by those who adhere to the Jewish superstition, whether one, or both parties to the suit are orthodox.
We grant permission to heretics or Jews, when they have litigation with one another, to introduce witnesses qualified to testify, with the exception, however, of those who are controlled by the Manichean insanity, which it is evident is also shared with the Borborites and those who believe in the Pagan superstition; and the Samaritans are also excepted, as well as those who are not unlike them, together with the Montanists, the Tascodrogites, and the Ophytes, to whom all legal actions are forbidden on account of the similarity of their offences. We therefore order that the right to be a witness, along with all other lawful acts, shall be forbidden to the Manicheans, the Borborites, and the Pagans, as well as to the Samaritans, the Montanists, the Tascodrogites, and the Ophytes.
We desire that the privileges of giving testimony in court against orthodox persons shall only be forbidden to other heretics, in accordance with what has been already decided. We admit their evidence, however, with reference to wills and whatever relates to the final disposition of property or to contracts, without any distinction, on the ground of public utility and necessity, and in order that difficulty of proof may not be increased.
Given at Constantinople, on the third of the Kalends of August, after the Consulate of Lampadius and Orestes, 532.
1. The Emperor Constantius and Julian-Caesar to Thalassius, Praetorian Prefect.
If anyone, after renouncing the venerated Christian faith, should become a Jew, and join their sacrilegious assemblies, We order that, after the accusation has been proved, his property shall be confiscated to the Treasury.
Given at Milan, on the fifth of the Nones of July, during the Consulate of Constantius, Consul for the ninth time, and Julian-Caesar, Consul for the second time, 357.
2. The Emperors Gratian, Valentinian, and Theodosius to Hypatius, Praetorian Prefect.
Where anyone accuses a deceased person of having violated and abandoned the Christian religion, and denounces him for having given his adherence to the sacrileges of the temples, or the rites of the Jews, and maintains that, in consequence, he has no right to make a will; he must institute proceedings within five years, as has been decided in cases brought to declare a will inofficious.
Given on the fifteenth of the Kalends of January, during the Consulate of the Emperor Gratian, Consul for the fourth time, and Merobaudus, 383.
|CONCERNING JEWS AND THE WORSHIPPERS OF THE HEAVENS.|
1. The Emperor Antoninus to Claudius Triphoninus.
What Cornelia Salvia bequeathed to all the Jews of the City of Antioch cannot be recovered.
Given on the day before the Kalends of July, during the Consulate of Antoninus, Consul for the fourth time, and Balbinus, 214.
2. The Emperor Constantine to Evagrius, Praetorian Prefect.
We desire all Jews and worshippers of the heavens, and their heads and patriarchs, to be notified that, if anyone, after the promulgation of this law, should dare to attack a person who has abandoned his odius sect and betake himself to the worship of God, with stones or with any other manifestation of rage (which We have ascertained has been done), he shall at once be given to the flames, and burned with all his accomplices.
Given on the fifteenth of the Kalends of November, during the Consulate of the Emperor Constantine, Consul for the eighth time, and Constantine-Caesar, Consul for the sixth time, 316.
3. The Emperors Valentinian and Valens to Remigius, Master of the Offices.
It is proper for you to order that soldiers who are lodged in the synagogue of the Jews, as in the house of a private person, shall leave it, for it is not reasonable that they should be quartered in religious places.
Given on the day before the Nones of March, during the Consulate of the Emperors Valentinian and Valens, 365.
4. The Emperors Gratian, Valentinian, and Theodosius to Hypatius, Praetorian Prefect.
Let the order, on account of which persons attached to the Jewish faith were gratified, and by which immunity was granted them from curial charges, be rescinded.
Given at Milan, on the eighteenth of the Kalends of May, during the Consulate of Merobaudus, Consul for the second time, and Saturninus, 383.
5. The Emperors Valentinian, Theodosius, and Arcadius to Cynegius, Praetorian Prefect.
No Jew shall marry a Christian woman, nor shall any Christian man marry a Jewess; for if anyone should be guilty of an act of this kind, he will be liable for having committed the crime of adultery, and permission is hereby granted to all persons to accuse him.
Given at Thessalonica, on the day before the Ides of March, during the Consulate of the Emperor Theodosius, Consul for the second time, and Cynegius, 388.
6. The Emperors Theodosius, Arcadius, and Honorius to Infantius, Count of the East.
No Jew shall retain the customs of his race relating to marriage; nor shall he marry in accordance with his religion; nor shall he contract several marriages at the same time.
Given on the third of the Kalends of January, during the Consulate of the Emperor Theodosius, Consul for the third time, and Habundantius, 393.
7. The Emperors Arcadius and Honorius to Eutychianus.
Jews who live under the common Roman law shall appear in court according to the usual custom, not only in those cases which relate to their own superstition, but also in such as have reference to the bar, the laws, and the rights of the people, and they shall bring and defend all actions in accordance with the Roman laws. If, however, any of them should, by common consent, prefer to have a case heard by Jews as arbiters, provided the action is a civil one, they are not forbidden by the public law to avail themselves of their award. The judges shall cause their decisions to be executed, just as if they had been rendered by arbiters having jurisdiction.
Given on the sixth of the Nones of February, during the Consulate of the Emperor Honorius, Consul for the fourth time, and Eutychianus, 298.
8. The Same Emperors to the Jews.
No person who does not acknowledge the religion of the Jews shall establish a price at which they shall sell their merchandise, for it is but just that this should be left to each one of them; therefore the Governors of provinces shall not permit any of you to fix or regulate the price at which your goods shall be sold. If anyone, except your chiefs, should venture to take upon himself to do this, let them hasten to punish him as one desirous of appropriating the property of others.
Given at Constantinople, on the third of the Kalends of March, during the Consulate of the Emperors Arcadius, Consul for the fourth time, and Honorius, Consul for the third time, 396.
9. The Same Emperors and the Emperor Theodosius, to Eutychianus, Praetorian Prefect.
Any Jews who are proved to be subject to a curia can be delivered up to the latter.
Given on the third of the Kalends of January, during the Consulate of the Emperor Theodosius and Rumoridius, 403.
10. The Emperors Honorius and Theodosius to Anthemius, Praetorian Prefect.
The Governors of provinces shall prohibit Jews from burning or exhibiting the representation of the Holy Cross, with the sacrilegious intention of bringing it into contempt, on the festival day when they celebrate the punishment of Haman; nor shall they place the emblem of our faith upon their own houses, but they can retain their rites without manifesting any scorn for the Christian religion; and unless they abstain from what was unlawful, they shall undoubtedly lose the privileges which they have hitherto enjoyed.
Given at Constantinople, on the fourth of the Kalends of June, during the Consulate of Bassus and Philip, 408.
12. The Same Emperors to Jovius, Praetorian Prefect.
We order that, upon the Sabbath day, and at other times when the Jews observe the ceremonies of their worship, no one shall either do anything to them, or, under any circumstances, compel them to appear in court; and they themselves shall not be given permission to sue orthodox Christians upon those days, so that Christians may not suffer any inconvenience from being summoned by the officials upon the days aforesaid; for it is evident that the remaining days will be sufficient for the purposes of the Treasury, and the suits of private individuals.
Given at Ravenna, on the eighth of the Kalends of August, during the Consulate of the Emperors Honorius, Consul for the eighth time, and Theodosius, Consul for the third time, 409.
13. The Same Emperors to Philip, Praetorian Prefect for Illyria.
No Jew who is innocent shall be oppressed, nor shall any person of any creed cause him to be exposed to insult; nor shall their synagogues or habitations be burned; nor shall they be maliciously injured without reason; for when any one of them is implicated in crime, the authority of the judges and the protection afforded by the public law has been established to preclude anyone from taking vengeance for himself. But, as We desire that provision be made for the personal safety of the Jews, so We think that notice ought to be given to prevent them from becoming arrogant, and, elated by their security, rashly commit some act against the Christian religion, by way of revenge.
Given at Constantinople, on the eighth of the Ides of August, during the Consulate of the Emperors Honorius, Consul for the ninth time, and Theodosius, Consul for the fifth time, 412.
14. The Same Emperors to Aurelian, Praetorian Prefect.
When any dispute arises between Christians and Jews, it shall not be decided by the chiefs of the Jews, but by the ordinary judges.
Given on the thirteenth of the Kalends of November, during the Consulate of the Emperors Honorius, Consul for the twelfth time, and Theodosius, Consul for the eighth time, 418.
15. The Same Emperors to Asclepiodotus, Praetorian Prefect.
Jews who are proved to have circumcised any man belonging to our religion, or to have directed this to be done, shall be condemned to the confiscation of their property, and to perpetual exile.
Given on the day before the Kalends of February, during the Consulate of the Emperor Theodosius, Consul for the seventeenth time, and Festus, 439.
16. The Emperors Theodosius and Valentinian to John, Count of the Imperial Largesses.
The chiefs of the Jews, who govern the Sanhedrim in both Palestines, or those who reside in other provinces, shall, at their own risk, be compelled by the officers of the palace to collect the annual tax due from all the synagogues, in the same manner as the patriarchs formerly collected tribute, under the name of "coronary gold," and what was accustomed to be paid to the western patriarchs shall be deposited in the Treasury of Our Largesses.
Given at Constantinople, on the third of the Kalends of June, during the Consulate of Florentius and Dionysius, 429.
17. The Same Emperors to Florentius, Praetorian Prefect.
We order by this law, which shall be valid for all time, that none of the Jews (to whom all administrations and dignities are forbidden), shall perform the duties of municipal defender, nor do We permit them to assume the honor of father of the city, lest, strengthened by the authority of the office which they have obtained, they may have the power of judging, or of promulgating decrees against Christians, as well as frequently against the bishops of our holy religion themselves, and, by so doing, insult our faith.
(1) We also, for the same reason, direct that no Jewish synagogue shall be constructed of new materials, but permission is given to repair such old ones as are threatened with ruin.
(2) Hence, any Jew who may have received an office cannot enjoy the dignity which he has acquired; or if he has surreptitiously obtained a public employment which is forbidden, he shall, by all means, be deprived of it; or if he should build a synagogue, he is hereby notified that he has labored for the benefit of the Catholic Church; and those who have, by craft, obtained honors and dignities, shall be considered to remain in the same condition in which they previously were, even though they may have been unlawfully promoted to an honorable rank.
He who has begun the construction of a new synagogue, not with the intention of repairing an old one, shall be condemned to pay fifty pounds of gold, and be deprived of the work which he is already presumed to do; and, moreover, it is hereby decreed that his property shall be confiscated, and that he shall be condemned to the penalty of death, as one who, by his false doctrine, has attacked the faith of others.
Given the day before the Kalends of February, during the Consulate of the Emperor Theodosius, Consul for the seventeenth time, and Festus.
|NO JEW OR PAGAN SHALL HOLD, POSSESS, OR CIRCUMCISE A CHRISTIAN SLAVE.|
1. The Emperors Honorius and Theodosius to Monoxius, Praetorian Prefect.
A Jew shall not purchase a Christian, or acquire him as a gift, or under any other title. If any Jew should have a Christian slave, or a member of any other sect or nation should think that he had a right to the possession of one, for any reason whatsoever, and should circumcise him, he shall not only be condemned to the loss of the slave, but shall also be punished with death, and the slave shall be given his freedom as a reward.
Given at Constantinople, on the fourth of the Ides of April, during the Consulate of the Emperors Honorius, Consul for the eleventh time, and Constantius, Consul for the second time, 417.
|CONCERNING THE PAGANS, THEIR SACRIFICES, AND THEIR TEMPLES.|
6. The Same [The Emperors Honorius and Theodosius] to Asclepiodotus, Praetorian Prefect.
We especially direct those who are really Christians, or are said to be such, not to presume to employ any violence against Jews or Pagans who live quietly, and do not attempt to cause trouble, or perform any illegal acts; for if, abusing the authority of religion, they should display any violence against them, or plunder them of their property, when convicted they shall be compelled to restore not only what they took, but also double the value of the same; and the Governors of provinces and other officials and principal authorities are hereby notified that (if they do not punish offences of this kind, but permit them to be committed by the populace), they themselves will be subjected to punishment.
Given at Constantinople, on the sixth of the Ides of June, during the Consulate of Asclepiodotus and Marinianus, 423.
|CONCERNING THOSE WHO TAKE REFUGE IN CHURCHES; OR WHO CRY OUT WHILE THERE; AND LET NO ONE REMOVE THEM THEREFROM.|
1. The Emperors Arcadius and Honorius to Archelaus, Augustal Prefect.
Jews who are accused of any offence, or who are oppressed with debt, and pretend that they desire to unite with the Christian religion, and flee to churches in order to avoid the consequences of their crimes, or the payment of their debts, shall be prevented from doing so, and shall not be received there before they have paid all their debts, or have been discharged after their innocence has been established.
Given at Constantinople, on the fifteenth of the Kalends of July, during the Consulate of Caesarius and Atticus, 397.