This is a list of Roman imperial laws from 311-431. In cases where a law is preserved in multiple ancient sources, only the source consulted it listed. Coleman-Norton contains detailed information on the sources of most of the laws below. In cases where a law was posted on a day other than that on which it was written, the date posted is given.
The primary resources for this project are:
Pharr, Clyde. The Theodosian Code and
Novels (Princeton: Princeton University Press, 1952).
This is an
English translation, not a critical edition.
Coleman-Norton, P.R., Roman State and Christian Church,
3 volumes
(London: SPCK, 1966).
This work contains translations of Roman legal
documents relating to the church from the years 113 to 534. He also
included a useful glossary of technical terms.
| Explanation of table: | |
| Date: | If an exact day is listed, then the date is given as recorded in the primary document itself. Of only a year is given, the date is an educated guess, based on Coleman-Norton unless otherwise noted. If there is reason to question a date, a question mark follows the year, and a note explains the date under the "Summary of document" column. |
| Ancient Source: | This lists the ancient source where the law or letter is preserved. If it preserved in multiple sources, on the source used is listed. See Coleman-Norton for complete information on the sources. See the list of abbreviations for this page. |
| C-N: | Coleman-Norton document number. see "The primary sources..." above. |
| Emperor: | This lists the emperors whose names appear on the document, even if it was only composed by one of the emperors. For instance, many of the laws with Theodosius II's name were written when he was only a boy, but his name is still on the law, so we have listed him in this column. |
| Summary of document: | This is our summary of the law. We have not quoted translated the original, but given as succinctly as possible the contents of the law or letter based on the translations in the primary sources listed above. |
|
Date |
Ancient Source |
C-N # | Emperor | Summary of document |
|
311 April 30 |
Eusebius, H.e., 8.17.3-10 | 7 |
Constantine, Galerius, Licinius, Maximin II |
Persecution against Christians is officially ended, and Christians are asked to pray for the emperors and the empire. |
|
From this period until 324, the empire was divided,
and the rulers of each province had different attitudes towards
Christians. |
||||
| 311 |
Eusebius, H.e., 9.1.3-6 |
8 | Maximin II | His governmental officials are ordered to stop persecuting Christians, and to spread the message down to the local level. |
| 311-312 |
Eusebius, H.e., 9.7.3-14 |
9 | Maximin II | Maximin re-institutes persecution against the Christians. If they will not return to paganism, they should be banished from the cities. |
|
312 Oct 28 |
Battle of the Milvian Bridge, Constantine takes control of the West. | |||
|
313 early |
Eusebius, H.e., 9.5.15-20 |
10 | Constantine | Any property which has been taken from the Christians in persecution is to be restored. This includes gardens, buildings, or any other property, and is to be done in haste. |
| 313 | Lactantius, De Mort., 46.6 | 11 | Licinius | Licinius instructs his prefects and tribunes to pray a prayer which he learned in a dream from an angel, asking the "Supreme Holy God" to take care of the empire and grant their requests. |
|
313 early |
Eusebius, H.e., 10.5.1-14 | 12 |
Constantine Licinius, |
The "Edict of Milan." Each person may be given authority to
practice his religion in the way he sees fit. Not only are
Christians allowed to worship as they choose, but any property taken
from Christians must be restored. This ordinance is to be published
everywhere. [The empire was not made officially Christian until 380 under Theodosius. See the law on Feb 28, 380.] |
| 313 | Eusebius, H.e., 9.9a.1-9 | 13 | Maximin II | Maximin writes his governors, instructing them, in light of the Edict of Milan, to stop the persecution he he recently renewed (above, 311-312). |
| 313 | Eusebius, H.e., 9.10.7-11 | 14 | Maximin II | This is Maximin's official edict of toleration. Some of his governors were continuing the persecution, so he granted Christians full and public freedom to gather, and worship. He orders and property confiscated from Christians during persecution to be returned. |
|
313 early |
Eusebius, H.e., 10.6 | 15 | Constantine |
He orders imperial subsidies to be given to the catholic priests of
north Africa. In addition, those who are seducing the catholic
Christians of North Africa need to be corrected. [Those who are seducing the colic Christians are either Donatists or pagans.] |
|
313 early |
Eusebius, H.e., 10.7 | 16 | Constantine |
He releases all catholic clergy from
compulsory public service. [This particular letter dealt with North Africa.] |
|
313
? Oct 21 |
CT 16.2.2 | 29 | Constantine |
Christian clergy shall be exempted from
compulsory public service as not to
interfere with their divine services. [The Codex gives the date as 319, but Seeck, Elliot, and Pharr suggest that it should be dated to 313, and that the following law is a clarification of this one. This law has many parallels to the letter of Constantine to Anullinus, proconsul of Africa, listed immediately above, dating to Spring of 313. Coleman-Norton leaves the 319 date.] |
|
313 ? Oct 31 |
CT 16.2.1 | 30 | Constantine |
Certain catholic clerics are being harassed by heretics so that
compulsory public services
are too much for them to bear. They should be relieved of their
civic duties, and replacements found, and in the future, clerics should
not be forced to fulfill compulsory public services. [The addressee is unspecified, and Pharr and Coleman-Norton emend the year to 319. This law may go with the immediately preceding law for North Africa, or it may be a later, more general law. Elliot and Seeck leave the date without emendation.] |
| 313 | Eusebius, H.e., 10.5.18-20 | 17 | Constantine |
Constantine orders both catholic and Donatist representatives to go to
Rome, where the bishop Miltiades will preside over a council to deal
with the schism in north Africa. This gives bishops the right to
judge ecclesiastical cases. [this council met in October of 313, and ruled in favor of the Caecilian. The Donatists appealed, and so Constantine summoned the Council of Arles.] |
|
313 late |
Eusebius, H.e., 10.5.21-24 | 18 | Constantine | Constantine orders both catholic and Donatist representatives to travel to Arles, where a larger council of bishops from all over the West will hear both sides and rule on the schism in North Africa. |
|
313 late |
Optatus, De sch. Don., Appendix 3 | 19 | Constantine |
Constantine writes to Aelafius his ambassador to North Africa,
instructing him to bring the representative from both sides to Arles at
public expense, and stressing the need to heal the schism. [The Council of Arles took place in August of 314] |
| 314 | Optatus, De sch. Don., Appendix 5 | 20 | Constantine |
Constantine, frustrated, orders the dissatisfied Donatists, who will not
yield to the rulings of Arles, to be brought to his court for the
hearing for which they have appealed. |
| 315 | Augustine, C. Cres.,3.70.81 and Letter 88.4 | 21 | Constantine | It has been discovered that the evidence used against Caecilian was based on a forgery, and so Constantine summons the forger to appear before him and the Donatists in Rome, so that once the evidence is presented, the schism can be healed. |
| 315 | Optatus, De sch. Don., Appendix 6 | 22 | Constantine | Constantine summons the catholic and Donatist representatives from North Africa to a third hearing at Milan, where the new evidence can be examined before them all, including Caecilian, whom he has summoned from North Africa. |
|
315 Oct 15 |
CT 16.8.1 | 23 | Constantine |
The Jewish community may not stone a Jewish convert to Christianity.
Anyone who participates in such an act
shall be burned. If anyone from the people joins the Jewish sect, he
shall receive the deserved punishments with them. |
| 315 | Optatus, De sch. Don., Appendix 8 | 24 | Constantine | Constantine tells the prefect of Africa to have the churches prepare for his visit (which never ended up taking place), when he would come deliver a verdict on the schism and rule what type or worship is acceptable and bring uniformity back to the church. |
|
316 June 8 |
CI 1.13.1 | 26 | Constantine | Constantine adds a forth legal method for freeing your slaves - one may now publicly free his slave in a church before the bishop. |
| 316 | Augustine, C. Cres.,7.71.82 | 27 | Constantine | Constantine, after hearing the charges brought against Caecilian, declares him innocent. |
| 316 | Constantine | [Constantine passes a law against the Donatists, now lost, but mentioned in CT 16.6.2 (on Oct 17, 377, below). This law seems to be repealed in 321 or 322 by a law recorded by Optatus, C. Don., appendix 9 (below). Date uncertain.] | ||
|
318 June 23 |
CT 1.27.1 | 28 | Constantine | Constantine gives Christians the right to take their cases before an ecclesiastical court rather than a secular court. The ruling of those bishops will carry the same authority as a secular court. |
|
320 Jan 31 |
CT 8.16.1 | 31 | Constantine | Laws passed in former times which punished celibacy and childlessness are now repealed. This applies to women as well. |
|
320
? May 26 |
CT 16.2.10 | 32 | Constantine |
Clerics of the church are exempt from tax payments and menial
compulsory public services, as are also their wives, children, and
servants. This applies even if they made the money by trade. This
is an incentive to join the clergy. It is assumed their money will
be used to help the poor, which is why it is not taxed. [The date given for this law is 353. But the consuls listed to not match those living in 353, and both Pharr and Coleman-Norton have chosen to put this law in 320.] |
|
320 ? July 18 |
CT 16.2.3 | 33 | Constantine |
This law references a previous law, stating that no decurion or anyone
else one capable of fulfilling compulsory public service,
should be admitted to the clergy, but only those from the poorer
ranks should take ecclesiastical office. The previous law is either non
extant, or a textual emendation is necessary (see note). This law
clarifies that the restriction of decurions becoming clergy was not
retroactive, and so decurions who had joined the clergy before the
promulgation of the first law did not have to leave their positions in
the church. [Seek and Elliott change the year of this law and of 16.2.6 (listed on June 1, 320) to 329. According to their emendation, the previously mentioned law in 16.2.3 is actually 16.2.6, and the decurions were not restricted from the clergy until 329.] |
|
321 March 3 |
CI 3.12.2 | 34 | Constantine | All judges, inhabitants of cities, and craftsman should rest on Sunday. But farmers are free to work on Sunday as necessary. |
|
321 March 3 |
CT 16.10.1 | Constantine | If a public structure is struck by lightning, according to custom an inquiry will be made of the soothsayers as to the portent of the lighting. | |
|
321 April 18 |
CT 4.7.1 | 35 | Constantine | This law augments the law of June 8 316. Any slave freed before a bishop is automatically granted Roman citizenship. Clergy may free their slaves through their wills and it may be immediately enacted by a bishop. |
|
321 July 3 |
CT 16.2.4 | 36 | Constantine | Every person shall have the right to leave property to the catholic Church in his will. |
|
321 July 3 |
CT 2.8.1 | 37 | Constantine | This is an exception to the law passed March 3, 321 regarding Sunday. Though most legal work is still forbidden, the legal transactions connected to freeing slaves may be conducted on Sunday. |
|
321 |
Eusebius, VC, 4.20 | 38 | Constantine |
Constantine requires all soldiers to gather on Sundays and recite a
prayer he composed to the almighty God. [The date is somewhat speculative. Eusebius only records that this took place shortly after Sunday was declared a day of rest.] |
| 321-322 | Optatus, De sch. Don., Appendix 9 | 39 | Constantine |
Constantine orders toleration of Donatists in North Africa. No action is
to be taken against them. [Based on CT 16.6.2 (on Oct 17, 377, below), it may be surmised that this repeals a law against the Donatists which is no longer extant.] |
|
321 Dec 11 |
CT 16.8.3 | Constantine | Jews can and should serve on municipal councils. However, two or three Jews may be given permission to be exempt from this compulsory public service. | |
|
323 Dec 25 |
CT 16.2.5 | 41 | Constantine |
Christians shall not be forced into participating in pagan practices; anyone
who forces a Christian into such an act shall be publicly beaten, unless
he holds an honorable rank, in which case he will be fined and the money
given to the state treasury. [The date listed is May 25, but according to Coleman-Norton, Pharr and Elliot, Constantius would not have been in Sirmium (where the law was issued) until December, so the date should be Dec. 25, 323.] |
| 323 | Martyrdom of Habib the Deacon | 42 | Licinius |
All who will not make a pagan sacrifice were to be burned with fire.
[The persecution under Licinius is described in Eusebius, H.e. 10.8.14-19 and VC 1.51-56 and 2.1-2.5. The Martyrdom of Habib the Deacon is a Syriac Document from Egypt, now at the British Museum. This persecution only affected the eastern portions of the empire.] |
| 324 | Eusebius, VC 2.48-60 | 44 | Constantine |
Constantine encourages all citizens of the empire, both pagan and
Christian, to live in peace and unanimity without restraining the other
group. [This document authenticity is doubted by some, according to Coleman-Norton.] |
| 324 | Eusebius, VC 2.46 | 45 | Constantine | After his victory of Licinius, Constantine gives permission to restore, repair, or enlarge the churches in the east which had been damaged in the persecution under Licinius. The governors are instructed to give whatever help is requested. |
| 324 | Eusebius, VC 2.45 | Constantine |
Constantine passes a law against idol-worship, statues, divination, and
especially against pagan sacrifices. [The authenticity of this law is debated. Scott Bradbury (see article listed at top of page) argues that laws similar to this were passed, but not expected to be enforced. Rather, they severed as an ideal or ethical law. He gives examples of this type of law, and shows that anti-pagan legislation was only cautiously and partly enforced as late as 398. He shows how references in Theodosian code 16.10.2 ( and Libanius' Autobiography suggest that such laws were passed but not enforced.] |
|
| 324 | Eusebius, VC 2.24-42 | 46 | Constantine |
After his victory over Licinius, Constantine addresses the wrongs
committed against Christians in the eastern half of the empire.
All exiled Christians, as well as those banished to the mines or made
slaves, are to return to their previous position. All who were
deprived of property are to have their property restored. Anyone
who has lost rights or military office to be restored. Christians
are given the right to leave their property to the church in their
wills. [The authenticity of this document has been questioned, but papyrus discovered in the twentieth century strengthened the case for authenticity. See A.H.M. Jones, "Notes of the Genuineness of the Constantinian Documents in Eusebius' Life of Constantine," The Journal of Ecclesiastical History 5 (1954), pp. 197-200.] |
| 324 | Eusebius, VC 2.64-72 | 47 | Constantine | Constantine writes to Alexander of Alexandria and his priest Arius, attempting to compel them to put aside what he sees as a trifling disagreement over words. |
| 324 | Mss: Paris syr. 62 and Brit. Mus. Add. 14, 526 and 528. | 48 | Constantine | Constantine directs bishops from all over the east to assemble at Nicaea, redirecting the council which was originally planned to meet in Ancyra. |
| 325 | see note | 49 | Constantine |
Constantine is on record as having addressed the assembly at Nicaea
three times. The first time he discouraged the bishops from
accusing one another, and then burned the accusations. The second,
he expressed his desire that the schism caused by the Arians be healed.
Third, he dismissed the council and encouraged the use of the Nicene
Creed. |
| 325 | Gelasius, H.e. 3, appendix 1 | 50 | Constantine |
Constantine explains to the congregation at Nicomedia why he exiled
their bishop Eusebius. Eusebius had been the leading proponent of
Arianism, and had encouraged Arians from Egypt even after the
Council of Nicaea. He warns them not to defend him, or they too will be
punished. [Within a few years, Eusebius of Nicomedia had regained the emperor's favor. He was eventually made bishop of Constantinople and baptized Constantine on his deathbed.] |
| 325 | Gelasius, H.e. 3, appendix 2 | 51 | Constantine | Constantine warns a certain Theodotus that if he does not support and uphold the ruling of the council of Nicaea, he will be banished as other bishops already have. |
| 325 | Eusebius, VC 3.17-20 | 52 | Constantine | Constantine encourages all churches throughout the empire to celebrate Easter according to the ruling of the Council of Nicaea. There is no penalty for disobedience, however. |
| 325 | Socrates, H.e. 1.9 | 53 | Constantine | Constantine exhorts the Alexandrians to follow the Nicene faith, which he praises, and to disavow Arius, whom he condemns. The council is to be regarded as the will of God. |
|
325 Oct 1 |
CT 15.12.1 | Constantine | Since gladiatorial games are eliminated, those criminals formerly would have been made gladiators as punishment, are now to be sent to the mines as punishment. | |
| 326 | Eusebius VC 3.30-32 | 54 | Constantine | Constantine orders a church to be built over the holy sepulcher and commands the local government officials to assist. |
|
326 June 1 |
CT 16.2.6 | 55 | Constantine |
This is a repetition and qualification of a law from July 18, 320.
While the clergy are granted exemption from compulsory public services,
exemption cannot be given indiscriminately to everyone who claims to
be part of the clergy, because the wealthy are not supposed to be
clergy. Also, the roles of the clergy cannot be expanded in order to
help exempt more people from public services. When a clergyman dies,
his successor should not be chosen from the wealthy, for the wealthy
should assume secular obligations. [Seeck and Elliot (listed at top of page) emend both this law and the law 16.2.3, listed on July 18th, 320. They move both of these laws to 329, thus reversing their order. In that case, this law would be the original restriction on clergy exemptions, and 16.2.3 would be a qualification released a month later.] |
|
326 Sept 1 |
CT 16.5.1 | 56 | Constantine | Exemption from compulsory public services shall only be granted to clergy of the catholic church, and not to heretics or schismatics. |
|
326 Sept 25 |
CT 16.5.2 | 57 | Constantine |
Novatians
may posses their own church buildings and cemeteries, provided they are
rightfully theirs and did not once belong to the Catholic church. [Novatians disagreed with the Church about absolution.] |
| 327 | Socrates, H.e. 1.25 | 58 | Constantine |
Constantine invites Arius to his court, where he may end his exile by
confessing the Nicene faith before Constantine. Arius is allowed
to use public transportation. [date uncertain] |
| 328 | Gelasius H.e. 3.15.1-5 | 71 | Constantine |
Constantine pleads with the bishop Alexander of Alexandria to accept
Arius back into communion. [It is possible that this letter was written later to Athanasius.] |
| 330 | Optatus, De sch. Don., appendix 10 | 59 | Constantine | Constantine writes to the Numidian catholic church, granting them exemption from compulsory public service. He orders that a new basilica be built at public expense, to replace a basilica taken by the Donatists. |
|
330 Feb 5 |
CT 16.2.7 | 60 | Constantine |
Lectors, subdeacons, and other clergy shall not have to serve as
local senators. Given to the consular of Numidia. |
| 330 | Eusebius, H.e. 3.60-62 | 61 | Constantine | Constantine writes to Antioch, advising them not to elect Eusebius of Caesarea as their bishop, since that would go against canon 15 of the Council of Nicaea. Three letters in this connection survive. |
| 330 | Eusebius, VC 3.52-53 | 63 | Constantine | Constantine orders pagan altars and idols to be destroyed at Mambre. Those who used them are to be banished, and once the area has been purged a basilica is to be built. If the local governors ignore this command they will be punished. |
|
330 Nov 29 |
CT 16.8.2 | Constantine | Jewish elders shall be exempt from compulsory public service. If such men are currently decurions, they are exempt from travel. | |
|
331 Dec 1 |
CT 16.8.4 | Constantine | Jewish priests and synagogue leaders are exempt from compulsory public service of a corporeal nature. | |
| 332 or 322 | Eusebius, VC, 3.64-65 | 40 | Constantine | Constantine forbids heretical groups to assemble. Their buildings must be surrendered to the catholic church. |
| 333 | Eusebius, VC 4.36 | 64 | Constantine | Constantine orders Eusebius of Caesarea to prepare 50 copies of the Sacred Scriptures in well-prepared parchments, easily read aloud and portable, written by competent and accurate copyists. This is to be done as quickly as possible. |
|
333 May 5 |
CS 1 | 65 | Constantine | Judicial decisions made by bishops are to be upheld. Enforcement is to be the responsibility of the prefect. If a party to a law suit may request the case to be heard by a bishop rather than a secular judge, the request is to be granted. |
| 333 or 327 | Socrates, H.e. 1.9 | 66 | Constantine | Constantine orders that Arians now be referred to as Porphyrians, that all works of Arius or Arians be burned, and that anyone hiding a work of Arius suffer capital punishment. |
| 333 or 327 | Gelasius, H.e. 3.19 | 67 | Constantine | Constantine sends a long, belittling letter to Arius and his followers. At the end, he threatens to heavily fine the Arians and force them to accept compulsory public services unless they immediately return to the catholic faith. If Arius returns, he promises to be lenient. |
| 334 | Athanasius, Apol sec. 68 | 68 | Constantine | Constantine, hearing that Arsenius is alive, has found all the charges against Athanasius to be false, the results of wicked plots against him. He condemns the recent disturbances in the streets of Alexandria. He instructs Athanasius to take this letter with him and read it publicly often. He promises to personally look into any future allegations or disturbances against Athanasius, and punish anyone bringing false accusations or stirring up trouble. |
| 334 | Athanasius, Apol sec. 70 | 69 | Constantine | In a letter, Constantine rebukes the Alexandrians for causing trouble and encourages them all to accept Athanasius, whom he has cleared of all charges against him. |
| 334 | Athanasius, Apol sec. 70 | 70 | Constantine | Constantine praises John Archaph, a former leader of the Meletians, for uniting with Athanasius. He summons him to his court by means of public transportation. |
| 335 | Athanasius, Apol. sec. 59 | 72 | Constantine | Constantine orders Athanasius to re-admit Arius or face deposition. |
| 335 | Eusebius, VC 4.42 | 73 | Constantine | Constantine writes to the Council of Tyre, instructing them to put an end to all factions in the church. |
| 335 | Athanasius, Apol. sec. 81 | 74 | Dionysius | Dionysius, the imperial representative at the Council of Tyre, writes to the fact-finding commission sent from Tyre to Alexandria. He warns to be impartial as not to justify criticism about the way the case was handled. |
| 335 | Athanasius, Apol. sec. 86 | 75 | Constantine |
Constantine relates to the Council of Tyre how Athanasius met him
unexpectedly in Constantinople, complaining about ill-treatment at
Tyre. According to Athanasius' reasonable request, he now summons the
Council of Tyre to relocate in Constantinople where the emperor can hear
the charges against Athanasius. [When no one from Tyre showed up, the Emperor ended up sending Athanasius to exile in Trier, either to keep him safe or to get him out of the way (Apol sec. 9). Athanasius was recalled by Constantius early in his reign.] |
|
336 May 8 |
CT 16.8.5 CT 16.9.1 CS 4 |
76 | Constantine | Jews are not allowed to harass Jewish converts to Christianity, and will be punished in accordance with the nature of the act. Also, if a Jew circumcises a non-Jewish slave, the slave is to be taken from the Jew and remain free. |
|
337 July 17 |
Athanasius, Apol sec. 87 | 77 | Constantine II |
Constantine announces that Athanasius is to be restored as bishop of
Alexandria. He claims that the reason Athanasius had been exiled
was for his own safety. [Other bishops were also returned at the death of Constantine.] |
| 337 | Athanasius, Apol sec. 85 | 78 | Constantius | A church is to be built for the priest Ischyras, an opponent of Athanasius who accused him falsely. |
|
339 Aug 13 |
CT 16.9.2 | 79 |
Constantius, Constans |
Jews may not hold slaves of any other people, and must let them go free. Jews who circumcise slaves from other people groups shall be executed. If a Jew is found to own Christian slaves, all his slaves are to be taken away and freed. |
|
339 Aug 13 |
CT 16.8.6 | 80 |
Constantius Constans |
Women who were formerly employed by the government as weavers, but were lead away by Jews, may now return to weaving. Hereafter, Jews may not unite Christian women in their villainy. If they are found proselytizing Christian women, they shall suffer capital punishment. |
|
341 |
CT 16.10.2 | Constantius |
Pagan superstition and sacrifices are completely forbidden, in accord with the
law set forth by Constantine. [The law of Constantine referred to may be from 324 just after the victory of Licinius.] |
|
|
342 Feb 26 |
CT 16.2.11 | 81 | Constantius, Constans |
The sons of clergy, are exempt from
compulsory public service
as long as they are below the legal age [Since they were below the legal age, their property was their father's estate which their fathers had given to them when they joined the clergy. But until they reached the legal age, the estate was still under the control of their father. See Elliot in bibliography above.] [The code lists the date as 356. Pharr and Coleman-Norton prefer 342 on the basis that Longinianus, to whom this statute is addressed, was Prefect of Egypt in 342.] |
|
343 July 4 |
CT 15.8.1 | 82 | Constantius | If a prostitute converts to Christianity, only another Christian may buy her as a slave. |
|
343 Aug 27 |
CT 16.2.8 | 83 | Constantius | Clergy and their servants shall not have to pay any taxes, or any new taxes in the future, nor shall they have to quarter strangers, and they shall be tax exempt if they start their own business. |
| 345 or 346 | Athanasius, Apol. sec. 51 | 84 | Constantius | Constantius summons Athanasius to his court where he will be restored from exile to his position as bishop of Alexandria. |
| 346 | Athanasius Apol. sec. 54 | 85 | Constantius | Constantius announces that Athanasius has been cleared of all charges, is being returned to Alexandria, and that all ordinances against him and his followers are void. There should be no suspicion against him. |
| 346 | Athanasius, Apol. sec. 54-55 | 86 | Constantius | Constantius writes to the Alexandrians, informing them that Athanasius has been restored, and exhorting them to obey the laws against rioting. |
| 346 | Athanasius, Apol. sec. 56 | 87 | Constantius | Constantius writes to the prefect of Egypt, instructing him to recognize Athanasius, and confirming that the followers of Athanasius are to receive the standard clerical exemptions from compulsory public service. If any laws are found against Athanasius and his followers, they are void. |
| 346 | Athanasius, Hist. Ar. ad Mon. 23 | 88 | Constantius | Constantius instructs the prefect of Egypt to send copies of every document dealing with Athanasius to the imperial court. |
|
346 Nov 1 |
CT 16.10.3 | Constantius |
Although pagan religious practices are banned (see law in 341, CT
16.10.2),
temple buildings situated outside the walls are to be preserved for the
sake of the circus and other amusements.
[On the basis of the dates of the administration of the addressee, Catullinus, Pharr prefers 342 to 346, an alternative date.] |
|
|
346 Dec 1 |
CT 16.10.4 | Constantius |
Pagan temples are to be closed, access to them is
denied, and violators face capital punishment. The property of a
violator will be given to the state treasury. Governors who fail
to carry out this punishment will be punished. [There are three possible dates: 346, 354, 356. Bradbury leans toward 346 for the sake of consistency with 16.10.3. The addressee, Taurus, was Prefect 355-361. Bradbury concedes the date is not certain.] |
|
| 347 | Passion of Maximian and Isaac §3 | Constantius? |
The Donatists were ordered to be reconciled with the catholic church in
North Africa. Those who refused were to be exiled or killed. [Donatists exiles were allowed to return under Julian in 362. That they were later allowed to return gives credence to this law of banishment. See translation and law of 362, Coleman-Norton #120 below.] |
|
|
349 April 11 |
CT 16.2.9 | 89 | Constantius | Clergy are exempted from all compulsory public services and municipal duties. Their sons should continue in the clergy unless obligated by service in the Senate. |
|
350 c. June |
Athanasius, Apol. ad Const. 23 | 90 | Constantius | Constantius writes a litter to Athanasius, At the death of Constans (Feb. 350). He comforts him that he need not fear. Constantius desires to have him bishop in his own place "in every season." He is encouraged to fulfill his patriarchic duties of teaching and prayers. |
|
352 ? July 3 |
CT 16.8.7 | 91 |
Constantius, Julian |
Persons who join Judaism from Christianity, if the accusation can be
proven, shall
have their property confiscated and given to the state treasury. [The alternate date given is 357.] |
|
353 Nov 23 |
CT 16.10.5 | Constantius | Night-time pagan sacrifices, which had briefly been allowed under the usurper Magnentius, are again forbidden. | |
|
354 Aug. 22 |
CT 9.25.1 | 92 | Constantius | Anyone who rapes a consecrated Christian virgin or widow will suffer the same capital punishment as any rapist. |
| 355 | Eusebius of Vercelli, opera | 93 | Constantius | He writes to Eusebius of Vercelli, instructing him to attend the Council of Milan (which is in progress, but Eusebius has refused to attend). |
| 355 | Athanasius, Hist. Ar. ad Mon. 33 | 94 | Constantius |
Constantius added his weight to the Council of Milan, which he had
convened to condemn Athanasius. He commands that the bishops
either condemn Athanasius or suffer banishment. [This may not be a verbatim quotation from Constantius, but we know that he exiled a handful of bishops who refused to condemn Athanasius. While the imperial orders to not survive, many other Western supporters of Athanasius were soon to be exiled, for instance Liberius of Rome and Hilary of Poitiers. For the Council of Milan, see Theodoret , H.e. 2.12] |
|
355 Sept 23 |
CT 16.2.12 | 96 | Constantius, Constans |
Bishops shall not have to appear before secular
judges; accusations against them shall be brought before other bishops. [Given as a letter Sept. 23, accepted on October 7.] |
|
356 Feb 6 |
CT 13.1.1 | 97 |
Constantius, Julian |
Those who work for the church as gravediggers are exempted from the tradesmen's tax. |
|
356 Feb 20 |
CT 16.10.6 | Constantius | Those guilty of idolatry or pagan sacrifices must suffer capital punishment. | |
|
356 Nov 10 |
CT 16.2.13 | 101 |
Constantius, Julian |
Privileges granted to the church in the city of Rome shall be firmly
guarded. [The manuscript reads 357, but Barnes moves the date to 356 based on his study of imperial residences.] |
|
356 Dec 28 |
CT 16.2.14 | 102 |
Constantius, Julian |
Clergy, along with their wives, children, and servants, are forever exempt from paying
taxes (even if they engage in trade) or rendering
compulsory public service. [Constantius left Milan April 28, 357, therefore, Pharr believes that this law must have been given in 356, although 357 is also listed in the text. The law was given December 6 and read into the records on December 28.] |
| 357 | Athanasius, Apol. ad Const., 30 | 98 | Constantius | He writes to the Alexandrians, threatening death anyone who will continue to support Athanasius instead of the new bishop, George. |
| 357 | Athanasius, Apol. ad Const. 31 | 99 | Constantius | He requests the leaders of the kingdom of Auxumites to send the missionary Frumentius, who had been sent there by Athanasius, back to Alexandria, to report to the new bishop, George. |
| 357 | Athanasius, Hist. Ar. ad Mon. 43 | 100 |
Constantius, Julian |
He writes to bishop Hosius of Cordova, instructing him to condemn Athanasius. |
| 358 | Sozomen, H.e. 14.4 | 103 | Constantius | Constantius writes that the followers of Eudoxius (the Anomians), who had taken over Antioch, do not have his support, and that they should lose the rights of holding councils of public assemblies. |
|
359 May 28 |
Hilary, Hist. Frag. A, 8 (VIII) | 104 | Constantius | Constantius writes to the Council of Rimini, instructing them to come up with a credal formula and to decree nothing in respect to the easterners. He vows to make void anything they decide against the easterners. |
| 359 | Athanasius, De Syn. 55 | 105 | Constantius | The western bishops assembled at Rimini had written to Constantius, informing him that they intended to maintain their stance against Arianism, and asking to go home. He writes back, instructing them to wait there until he sends them a course of action which he expects them to follow. |
|
360 Jan 18 |
CT 11.1.1 | 106 | Constantius | Exemption from taxes may only be given to catholic churches and a few select individuals. Governors who have granted tax-exemption beyond this are to pay the difference themselves. |
|
360 June 30 |
CT 16.2.15 | 107 |
Constantius, Julian |
Clerics who have taken on small business to provide supplemental income shall be exempt from compulsory public service. But those who were tradesmen before becoming clergy are still subject to taxation. All clerics who hold land as personal property are subject taxation and compulsory public service. |
|
361 Feb 14 |
CT 16.2.16 | 108 |
Constantius, Julian |
Persons of extraordinary virtue shall live in perpetual security [This might mean an exemption from compulsory public service for clergy.]. |
|
361 Aug 29 |
CT 12.1.49 | 109 | Constantius | This is a somewhat complicated law about property and the clergy. Bishops may retain property. Priests whose virtue is approved by the community may retain their property. But a lower cleric whose piety is not celebrated, but who entered the priesthood to gain tax exemptions, shall be forced to give up 2/3 of his property, either to his family or the municipality. |
|
361 Aug 29 |
CT 8.4.7 | 110 | Constantius | If imperial officials attempt to enter the clergy without having fulfilled their financial obligations, as a means of escaping them, they shall give 1/3 of their property either to relatives or the office staffs where they serve. |
| 362 | Julian, Ep. 378C-80D | 111 | Julian | Julian castigates the pagan Alexandrians, who had murdered Athanasius' rival archbishop George when he ruined the temple of the local god Serapis. They should not have broken the law, but should have taken out their grievances legally. |
| 362 ? | Gregory Naz. Con. Iul. 1.76 | Julian | According to Gregory Nazianzus, Julian issued a decree that the Christian church be referred to as "the Galilean" movement. | |
| 362 | Julian Ep. 377D-78C | 113 | Julian | Julian asks the prefect of Egypt to carefully collect the late George's library. He would have the "Galilean" books burned, but that could lead to the accidental destruction of the pagan works. |
| 362 | Julian, Ep. 404B-C | 112 | Julian |
Julian recalls all who were banished under Constantine in connection
with "the Galilean madness" to be returned from exile. [This apparently does not mean they are to be restored to their sees, as Athanasius was soon banished for presuming to take back the bishopric of Alexandria.] |
|
362 Mar 13 |
CT 12.1.50 | 114 | Julian |
Among other things, it is decreed that Christian decurions cannot plead
for exemption from their obligations based on their Christianity. [This seems to be a reference to the exemptions given to the clergy by previous emperors.] |
| 362 | Julian Ep. 398C-9A | 115 | Julian | Julian, angered by Athanasius' resumption of the bishopric of Alexandria without his permission, expels him from Alexandria (beginning Athanasius' fourth exile). |
| 362 | Julian, Ep. 422A-4A | 116 | Julian | No Christians are allowed to teach the pagan classics (essentially debarring them from being teachers). Any student may study them, however. |
|
362 Aug 1 |
Julian Ep. 435D-8C | 117 | Julian | In this letter Julian reveals that he has restored property to the non-Arians who lost it under Constantius. He had upheld legislation that a Christian may not be forced to sacrifice even if his public office requires it. He instructs Christians not to riot. He also informs us that he had taken away the right of bishops to serve as secular judges. |
| 362 | Julian Ep. 380D-1A | 118 | Julian | Julian writes to the Byzacenes, informing them that all from the wealthy senatorial class among them were expected to resume their senatorial duties, whether or not they be Christian clergy. The only exceptions are those who have served in the capital. |
| 362 | Julian | Though the decree does not exist, there are multiple reports that Julian forced Christians to pay for temples they had demolished. (e.g. Sozomen H.e. 5.5, Theodoret H.e. 3.7.6-10) | ||
| 362 | Julian Ep. 376C-D | 119 | Julian | Julian decrees that Christians are not to be harmed in any way, but pagans are to be given preference to them. He blames Christians for the tumultuous state of the empire. |
| 362 | Augustine, Cont. Litt. Pet. 2. 97.224 | 120 | Julian |
Donatists exiles are to return to North Africa. [It seems a law passed in 347 ended up in the expulsion of many Donatists from North Africa.] |
| 362 | Julian, Ep. 376A-C | 121 | Julian | Julian censures the prefect for allowing Athanasius to stay in Alexandria after he was supposed to be exiled. He threatens a heavy fine for non-compliance. |
| 362 | Julian, Ep. 432C-5D | 122 | Julian | Julian denies the requests of some Alexandrians to allow Athanasius to remain in Alexandria. He orders that his reply be published to the Alexandrians. |
| 363 | Julian, Ep. 424B-5A | 123 | Julian | In response to riotous behavior against Valentinians, Julian orders that the money and property of the Arian congregation at Edessa (who possessed a rich basilica) be confiscated. He threatens exile and sword for those who continue the civil strife. |
| 363 | Athanasius, Ep.ad Iov. appendix | 124 | Jovian | He denies the requests of a delegation of Egyptian Arians, seeking some other bishop than Athanasius. |
| 363 or 364 | Athanasius, Ep.ad Iov. | 125 | Jovian | He reinstates Athanasius as bishop of Alexandria. |
|
364 Feb 19 |
CT 9.25.2 | 126 | Jovian | Anyone who rapes, or even proposes to a pledged virgin or widow in the church will suffer capital punishment. |
|
364 April 17 |
CT 13.1.5 | 127 |
Valentinian I, Valens |
All tradesmen are required to pay the tradesmen's tax, and this includes Christian clergy |
|
364 April 17 |
CI 1.4.1 | 128 |
Valentinian I, Valens |
Tradesmen should use some of their excess money to aid Christians, paupers, and the needy. |
|
364 Sept 10 |
CT 16.2.17 | 129 |
Valentinian I, Valens |
The wealthy shall not be allowed to become clergy (literally "shall not be received by the church"). |
|
364 Sept 12 |
CT 12.1.59 | 130 |
Valentinian I, Valen |
Any member of the curial class who becomes a clergyman must give his property to either a relative or the state, so that the state will not be deprived of his wealth. |
| 364 | Sozomen H.e. 6.7 | 131 |
Valentinian I |
Valentinian allowed a group of bishops to convene at Lampsacus, and refuses to get involved in the controversy, citing his status as a layman. |
|
365 Jan 15 |
CT 9.40.8 | 132 |
Valentinian I, Valens |
A guilty Christian cannot be sentenced to the arena. |
|
365 Sept 27 |
CT 14.3.11 | 133 |
Valentinian I, Valens |
No one may leave the bread-making profession to become a Christian clergyman. Anyone found to have done such must return to his profession. |
|
365 Nov 17 |
CT 16.1.1 | 134 |
Valentinian I, Valens |
No Christian shall have to serve in a pagan temple; the judge who makes such an appointment will be executed and his property confiscated. |
|
367 May 3 |
CT 9.38.3 | 135 |
Valentinian I, Valens, Gratian |
Prisoners are to be released from prison to celebrate Easter. The exceptions are those who have committed treason, necromancy, poisoning, magic, adultery, rape, and murder. |
| 367 ? | Ambrose, Ep. 21 | 136 | Valentinian I | Ambrose quotes an earlier law allegedly from Valentinian I, which stated that ecclesiastics ought to judge in matters of faith and other church business. [compare to Sozomen's record of 364 above.] |
| 367 | Collectio Avellana, CSEL 35, p. 48 | 137 |
Valentinian I, Valens, Gratian |
In Rome, Ursinus and his followers, who had been deported in 366, are
allowed to return, but will be deported if they riot again. [At the death of Liberius, Damasus was elected the new pope, but a group of Christians supported Ursinus and there were violent clashes between the two.] |
| 367 ? | Collectio Avellana, CSEL 35, p. 49 | 138 |
Valentinian I, Valens, Gratian |
Since Ursinus has been exiled, the last remaining church of his
supporters should be put under the control of Damasus, as Damasus's
supporters requested. [Ursinus was exiled to Gaul shortly after his return to Rome. The year is approximate, and may have been 368] |
|
368 Jan 12 |
Collectio Avellana, CSEL 35, p. 49 | 140 |
Valentinian I, Valens, Gratian |
The request of the Roman prefect is granted and followers of Ursinus are expelled from Rome. But they are to be considered sojourners, not exiles, and may settle wherever they choose, practicing religion as they have in Rome. |
| 368 | Collectio Avellana, CSEL 35, p. 50-51 | 142-143 |
Valentinian I, Valens, Gratian |
The previous law is emended, in accord with the request of the Roman prefect. The followers of Ursinus may not settle or worship within 20 miles of the city of Rome. |
|
368 ? April 21 |
CT 8.8.1 | 144 |
Valentinian I, Valens, |
No Christian may be summoned to court for tax purposes on a Sunday. [The date is not given and could have been between 368 and 373.] |
|
368 June 6 |
CT 9.38.4 | 145 |
Valentinian I, Valens, Gratian |
Prisoners are to be released from prison to celebrate Easter. The
exceptions are those who have committed treason,
poisoning, magic, adultery, rape, and murder.
|
|
369 July 8 |
CT 11.36.20 | 146 |
Valentinian I, Valens, Gratian |
A bishop, Chronopius, had attempted to appeal and unappealable case, and
for this he is to be fined, and the money given to the poor. [This person of Chronopius and the exact situation are obscure.] |
|
370 ? Jan 1 |
CT 12.1.63 | 147 |
Valentinian I, Valens |
Members of the upper classes may not abandon their public
responsibilities by becoming monks. If they are found hiding in
Egypt or elsewhere in the East, they are to be brought back to their
original homes. Alternatively, all their property must be given to
someone who will fulfill their
compulsory public services. [The alternate date is 373.] |
|
370 Feb 17 |
CT 16.2.18 | 148 |
Valentinian I, Valens |
Laws formerly enacted against Christians under Julian shall have no validity, and policies of the late Constantius are to be upheld. |
|
370 Mar 30 |
CT 13.10.6 | 149 |
Valentinian I, Valens, Gratian |
No widow or minor should be taxed the tax of the people. Women who
have dedicated themselves to perpetual service of Christianity are also
exempt from this tax. [The tax of the people could have been the poll tax.] |
|
370 July 30 |
CT 16.2.20 | 150 |
Valentinian I, Valens |
Clergy, former-clergy, and celibates shall not be allowed to visit widows or female wards if the women's relatives are suspicious of them. Further, women are not allowed to give any gifts or donations to such men, either while living or in their wills, and if they attempt to do so, the gift will be instead given to their nearest kin. |
|
370 Oct 17 |
CT 16.2.19 | 151 |
Valentinian I, Valens |
Men born as decurions who enter the clergy shall be exempt from being recalled to their Senatorial services after 10 years in the clergy. If they are called upon before they have been in the clergy for 10 years, they are obligated to return and carry out their duties. |
| 370 ? | Collectio Avellana, CSEL 35, p. 52-54 | 152 - 153 |
Valentinian I, Valens, Gratian |
Eight followers of Ursinus are expelled from the city of Rome. [The date is approximate and may have been anywhere between 370 and 372.] |
|
371 Feb 11 |
CT 15.7.1 | 154 |
Valentinian I, Valens, Gratian |
If an actor or actress has been near death and was allowed to receive the sacraments, but then recovered, he or she may not be recalled to serve in the theater. Priests should makes sure that actors/actresses seeking the sacraments are truly in danger of death and seeking salvation before administering the sacraments. |
|
371 May 17 |
CT 16.2.21 | 155 |
Valentinian I, Valens |
Those who have continuously served the church since before the reign of the current emperors will remain exempt from service in municipal councils. Those who joined the clergy during the reign of the present emperors are not exempt. |
|
372 Mar 2 |
CT 16.5.3 | 156 |
Valentinian I, Valens |
Manichaeans and similar groups may not assemble. Their teachers will be punished, their followers segregated, and their places of gathering confiscated. |
|
372 Dec 1 |
CT 16.2.22 | 157 |
Valentinian I, Valens Gratian |
Statute 16.2.20 (from 370) applies to bishops, virgins, and others in service of the church. |
|
373 Feb 20 |
CT 16.6.1 | 158 |
Valentinian I, Valens |
All church leaders are judged unworthy of the priesthood who by
usurpation repeat baptism, contaminating an act of grace by its
repetition. [This was addressed to the proconsul of Africa, and may have been an attempt to undo the favors Julian showed the Donatists, see Coleman-Norton #120 above.] |
| 375 | Theodoret, H.e. 4.8 | 159 |
Valentinian I, Valens Gratian |
Valentinian writes to bishops of eastern provinces, informing them that they Council in Illyricum ruled in favor of the homoousios and the Nicene Creed. He commands that this be preached and its preachers be protected from harm (though Arians are not required to unite with or submit to its preachers). He rebukes the Arians for their behavior and treatment of the Nicenes. He appends the Creed of the recent council. |
|
376 May 17 |
CT 16.2.23 | 161 |
Valens, Gratian, Valentinian II |
Disagreements over religious matters shall be addressed by church authorities. But if a criminal allegation is made, the case shall be brought before a secular judge. |
|
377 March 5 |
CT 16.2.24 | 162 |
Valens, Gratian, Valentinian II |
Priests, deacons, exorcists, lectors, and other church ministers are exempt from compulsory public service of a personal character. |
|
377 Oct 17 |
CT 16.6.2 | 163 |
Valens, Gratian, Valentinian II |
Any who teaches a second baptism is to desist and be restored to the Catholic church. The uncorrupted faith of the Evangelists and Apostles must be preserved. Furthermore, properties where re-baptizers or other expelled persons gather are to be confiscated. |
|
378 ? April 22 |
CT 16.5.4 | 160 |
Valens, Gratian, Valentinian II |
Altars and other secret worship places of all non-catholic religions
shall be confiscated, even if gatherings there have taken place with the
permission of a local judge. [The date given is 376, but there are some problems with the date; Pharr prefers 378, and Coleman-Norton prefers 380 assuming Ambrose was behind this legislation. But sent to Rome and given the title "on the re-baptizers," this may have been directed primarily against the Donatists, and would make sense placed after the laws against them in 377. If it was given in 380, the emperors would also be wrong.] |
| 378 - 379 | Collectio Avellana, CSEL 35, p. 52-54 | 164 |
Gratian, Valentinian II, |
After giving a long list of men who had been expelled for disturbing the church, Gratian orders this governmental official (vicar) of Rome to expel those who are disturbing Damasus. In regard to the judgment of bishops, he makes the bishop of Rome the final ecclesiastical court for in the West. |
|
379 July 5 |
CT 13.1.11 | 165 |
Gratian, Valentinian II, Theodosius I |
Bishops whose profit is below a certain amount are exempt from merchants' taxes. |
|
379 Aug 3 |
CT 16.5.5 | 166 |
Gratian, Valentinian II, Theodosius I |
All heresies are forbidden. One may hold to heretical teachings in
his own mind but is forbidden to teach them to others, especially the
teaching of re-baptism. Assemblies of those who hold to re-baptism
are forbidden, and none may teach this doctrine. [A recent, non-extant rescript from Sirmium, which seems to have been more tolerant, is annulled by this decree.] |
|
380 Feb. 28 |
CT 16.1.2 | 167 |
Gratian, Valentinian II, Theodosius I |
This edict is sometimes referred to as "Cunctos Populos."
Everyone in the empire shall be part of the religion that believes in God as a single Deity of Father, Son
and Holy Spirit - the Holy Trinity, as taught by St. Peter to the Romans, and
now taught by Damasus of Rome and Peter of Alexandria. Only those
following this rule shall be called "catholic Christians." Meeting places of those who follow another religion (including heretics of a Christian variety) shall not be given the status of churches, and such people may be subject to both divine and earthly retribution. |
|
380 Feb 28 |
CT 16.2.25 | 168 |
Gratian, Valentinian II, Theodosius I |
Acts against the Divine Law are considered a sacrilege [A sacrilege was not exclusively a religious crime. See Coleman-Norton, p. 356-59, for a discussion of the term.] |
|
380 March 27 |
CT 9.35.4 | 169 |
Gratian, Valentinian II, Theodosius I |
Criminal trials are suspended during the 40 days prior to Easter. |
|
380 April 24 |
CT 15.7.4 | 170 |
Gratian, Valentinian II, Theodosius I |
Women born to the lower class and obligated to serve the theaters must be assigned to dramatic services. However, if they become Christians, they are exempt from this rule. They will then remain free of the prejudices against those who work in the theater. |
| 380 or 381 | CS 7 | 171 | Valentinian II, Theodosius I, Arcadius | In celebration of Easter, clemency is granted to the imprisoned. This does not include those who have committed the treason, murder, adultery, rape, or have practiced magic. |
| 380-381 | Ambrose, Gesta concili Aquileiensis. | 172 | Valentinian II, Theodosius I, Arcadius | At the advice of Ambrose, Gratian cancels a large council intended to deal with two Arian bishops, and instead summons a smaller regional council at Aquileia. |
|
381 Jan 10 |
CT 16.5.6 | 173 |
Gratian, Valentinian II, Theodosius I |
Heretics shall have no place of meeting.
Heretics are defined as those who do not observe
the Nicene faith. The Phontinians, Arians, Eunomians and others
are specified, but not exclusively. Their teachings are forbidden.
A definition of the Trinity and the term ousia is established. Catholic churches throughout the
empire are to be returned to orthodox bishops. Heretics are
to be driven out of the churches and the cities. The property
rights of Manichaeans are revoked, and property inherited from a
Manichaean which should have been confiscated by the state is now to be
confiscated. Manichaeans are forbidden to gather. [A brief glance at succeeding laws will show that this law, like many others, was not promptly or universally enforced.] |
|
381 Mar 31 |
CT 16.2.26 | 174 |
Gratian, Valentinian II Theodosius I |
Guardians of churches and holy sites are tax exempt. |
|
381 May 2 |
CT 16.7.1 | 175 |
Gratian, Valentinian II Theodosius I |
Christians who have converted to paganism shall not be allowed to make a will, and any will made by such a person is invalidated. |
|
381 May 8 |
CT 16.5.7 | 176 |
Gratian, Valentinian II Theodosius I |
Manichaeans may not inherit property or leave it to others through wills, and any property inherited from a Manichaean is to be confiscated. The only exception is the child of a Manichaean who converts to the Catholic faith. Also, Manichaean assemblies and sacraments are prohibited. |
|
381 May 8 |
CT 15.7.8 | 177 |
Gratian, Valentinian II Theodosius I |
Actresses are allowed to leave their vocation for religious reasons, but if they are found unchaste or unfaithful after their abandonment of theatre, they must return to the stage and will not again be allowed to leave their vocation. |
|
381 June 29 |
CT 11.39.8 | 178 |
Gratian, Valentinian II Theodosius I |
Clergy are exempt from serving as witnesses in legal cases. |
|
381 July 19 |
CT 16.5.8 | 179 |
Gratian, Valentinian II Theodosius I |
It is forbidden for Arians, Eunomians, or followers of Aetius to build churches. If any such churches are built, they will be confiscated. |
|
381 July 21 |
CT 9.38.6 | 180 |
Gratian, Valentinian II Theodosius I |
Prisoners are to be released on Easter. Exceptions include those who have committed treason, murder, adultery, rape, incest, poison-making, or counterfeiting, or repeat offenders. |
|
381 July 30 |
CT 9.17.6 | 181 |
Gratian, Valentinian II Theodosius I |
No one may be buried within the city of Constantinople, and violators will be fined third of their property and wealth. |
|
381 July 30 |
CT 16.1.3 | 182 |
Gratian, Valentinian II Theodosius I |
All bishops and priests who do not confess the proper relations of the Trinity and therefore are not in communion with the designated bishops (Nectarius of Constantinople, Timothy of Alexandria, and 10 others) are to hand over their congregations to the local catholic bishop and to be forbidden from holding any church office. |
|
381 Aug 28 |
CT 15.7.9 | 183 |
Gratian, Valentinian II Theodosius I |
Christian actresses may leave the theatre and are free from the prejudice associated with the theatre, but other actress who leave the theatre must return. |
|
381 Dec 21 |
CT 16.10.7 | 184 |
Gratian, Valentinian II Theodosius I |
Those who make pagan sacrifices or prayers will be penalized with the loss of property. |
|
382 May 31 |
CT 16.5.9 | 185 |
Gratian, Valentinian II Theodosius I |
Upon death, Manichaeans must will their property to their Christian family members rather than to their fellow Manichaeans. Secret assemblies are also forbidden. Special courts will be provided to hear accusations against Manichaeans, Encratitans, Saccoforians, and Hydroparastantans. Anyone who does not worship in the catholic church on Easter will be suspected of these heresies. |
|
382 Nov 30 |
CT 16.10.8 |
Gratian, Valentinian II Theodosius I |
The temple is to remain open to the public, who may look at the art and
hold festivals,
but all pagan sacrifices there are forbidden. [Pharr thinks that this is the temple of Edessa.] |
|
|
382 Dec 9 |
CT 11.16.15 | 186 |
Gratian, Valentinian II Theodosius I |
The long-standing custom of granting the clergy immunity from menial public service is upheld (in addition to other classes of people). |
|
383 April 18 |
CT 12.1.99 | 188 |
Gratian, Valentinian II Theodosius I |
Anyone religious leader - Jew or Christian - who is exempted from compulsory public service must find another person to fulfill the obligations in his place. |
|
383 May 20 |
CT 16.7.2 | 189 |
Gratian, Valentinian II Theodosius I |
A clarification of the law from May 2 of 381 above. Confirmed Christians who have turned to paganism may not issue a testament (will) to anyone. Christian catechumens may not will their possessions to anyone other than their natural heirs: children or brothers. The same applies to those receiving property under a will. |
|
383 May 21 |
CT 16.7.3 | 190 |
Gratian, Valentinian II Theodosius I |
A clarification of the immediately preceding law. Christians who convert to paganism, Judaism, or another religious lose the right of making a will. If a Manichaean should go underground and hold secret meetings, he is subjected to the law and much leave his goods to relatives or the government. Manichaean leaders to to receive harsher punishments. Additionally, Saccophori and Encratites are to be punished when convicted. A time limit is set in which accusations against the deceased may be placed. |
|
383 Jun 10 |
CT 16.5.10 | 191 |
Gratian, Valentinian II Theodosius I |
Homes of the Tascodrogitae (a heretical group) are protected. However, if they attempt to convene at a church, they shall be driven away. |
|
383 July 25 |
CT 16.5.11 | 192 |
Gratian, Valentinian II Theodosius I |
Right of assembly is denied to Arians, the Macedonians, Pneumatomachi, Manichaeans, Apotactites, Saccophori, Encratites, and the Hydroparastatae. They may not own church buildings or large clusters of homes which could serve as a church. They may not gather publically or privately. Any who break this law will be banished. |
|
383 Nov 7 |
CT 12.1.104 | 193 |
Gratian, Valentinian II Theodosius I |
Municipal senators must surrender their property if they wish to leave their senatorial position to serve the church. |
|
383 Dec 3 |
CT 16.5.12 | 194 |
Gratian, Valentinian II Theodosius I |
Arians, Macedonians, Apollinarians, and other groups outside the Church are not allowed to gather congregations, construct churches, or celebrate their rites in either urban or rural areas. Local officials are responsible for enforcement of this law. |
| 383 |
Collectio Avellana CSEL 35, p. 45-46 |
195 | Theodosius I |
Theodosius has received a petition from persecuted Luciferians. He
recognizes and approves of their devotion the the Nicene faith, but
encourages them that nothing should be added to the faith, implying they
need to recognize catholic Christians who were formerly Arians.
[The Luciferians were a group of Nicene Christians who refused to recognize former Arians as catholic Christians.] |
|
384 Jan 21 |
CT 16.5.13 | 196 |
Gratian, Valentinian II Theodosius I |
Eunomian, Macedonian, Arian, and Apollinarian priests are forced out of Constantinople. |
|
384 Feb 4 |
CS 3 | 197 | Valentinian II, Theodosius I, Arcadius | Specifically for the situation in Egypt: he reasserts that the church has jurisdiction over the members of the clergy, that they cannot be forced to appear in a secular court, and that the patriarch of Alexandria is the leader of the Egyptian church. |
|
384 March 22 |
CT 9.38.7 | 198 |
Gratian, Valentinian II Theodosius I |
Prisoners are to be released from prison on Easter, excepting those who are guilty of treason, murder, poison, magic, adultery, rape, robbery, grave robbery, and counterfeiting. |
|
384 July 25 |
CT 15.9.1 | Valentinian II, Theodosius I, Arcadius | The gifts given at public games (i.e., the prizes given to the winners) are restricted, and smaller prizes are encouraged. | |
|
384 Sept 22 |
CT 3.1.5 | 199 |
Gratian, Valentinian II Theodosius I |
Jews are forbidden from buying or owning Christian slaves, and such must be taken away sold to Christians. If a Jewish master converts a Christian to Judaism, he will be punished. |
|
385 Feb 24 |
Collectio Avellana CSEL 35 p. 47-48 |
200 | Valentinian II, Theodosius I, Arcadius | A congratulatory and confirmatory letter to Bishop Siricius of Rome on his ordination. This is significant because at that time Ursinus, deacon of the earlier pope Liberius, claimed to be the true pope. |
|
385 Feb 25 |
CT 9.38.8 | 201 |
Gratian, Valentinian II Theodosius I |
Prisoners should be released on Easter, excepting those who have committed sacrilegious activities, adultery, incest, rape, poisoning, magic, counterfeiting, grave-robbing, robbing, murder, or treason. |
|
385 April 9 |
CT 8.5.46 | 202 | Valentinian II, Theodosius I, Arcadius | Clergy are not exempt from the requirements to give their property to the public post. |
|
385 May 25 |
CT 16.10.9 |
Gratian, Valentinian II Theodosius I |
Divining the future by means of examining the livers and entrails of sacrifices is forbidden; violators will be severely punished with torture. | |
|
385 |
Collectio Avellana CSEL 35 p. 90-91 |
203 | Maximus (imperial usurper in Gaul) | In a letter, Maximus defends his execution of a group of Priscillian heretics, against the pope's objection. He avows his allegiance to the catholic faith. |
|
385 July 25 |
CT 11.39.10 | 204 |
Gratian, Valentinian II Theodosius I |
Priests are exempted from torture if they are to give testimony in court, but lower clergy are not. |
|
386 Jan 23 |
CT 16.1.4 | 205 | Valentinian II, Theodosius I, Arcadius | People who believe in the doctrines of the Council of Rimini (Ariminum) but also confirm the faith of the Council of Constantinople are granted the right of assembly. However, if they disturb the peace they may be punished. |
|
386 Jan 23 |
CT 16.4.1 | Valentinian II, Theodosius I, Arcadius | Those from dissident sects who assemble or instigate demonstrations against the emperor, disturbing the peace of the church, are guilty of treason and face capital punishment. | |
|
386 Feb 26 |
CT 9.17.7 | 206 | Valentinian II, Theodosius I, Arcadius | No one may transfer body parts from place to place. No one may sell or buy parts of martyrs. But if a martyr is buried somewhere, one may build a shrine as a spot for veneration. |
|
386 April 22 |
CS 8 | 207 | Valentinian II, Theodosius I, Arcadius | This year the emperor hopes to be especially clement. On Easter, all persons in prison or exile may be freed, including those working in the mines. Those who have committed the following crimes are excluded: treason, adultery, rape, poisoning, magicians, counterfeiting, astrology, and homicide. |
|
386 June 16 |
CT 12.1.112 | 208 |
Gratian, Valentinian II Theodosius I |
Local rulers should choose high priests for the pagan temples from those who have not been converted to Christianity. |
|
386 Nov 3 |
CT 2.8.18 | 209 |
Gratian, Valentinian II Theodosius I |
All court actions, legal disputes, and debt collection is suspended on
Sunday. Those who skip the holy ritual on Sunday are to be regarded
as sacrilegious. [posted on Nov 3, accepted Nov 24] |
|
386 Dec 31 |
CT 12.1.115 | 210 |
Gratian, Valentinian II Theodosius I |
If someone serving as a municipal senator wants to serve the church, he must first find a replacement, and ensure that the replacement has enough money and property to carry out the responsibilities (by giving from his own estate if necessary). |
| 386 |
Collectio Avellana CSEL 35 p. 46-47 |
211 | Valentinian II, Theodosius I, Arcadius | Sallust, the Roman prefect, is instructed about the construction of the Basilica of St. Paul, and told to send an estimated cost to the emperor. |
|
387 July 3 |
CI 7.38.2 | 212 | Valentinian II, Theodosius I, Arcadius | Any lands which were illegally taken from the church are to be at least restored, without cost, no matter how long ago they were taken. |
|
388 March 10 |
CT 16.5.14 | 213 |
Gratian, Valentinian II Theodosius I |
Apollinarians and other heretics are barred from coming into walled cities, from joining society or holy persons. They cannot ordain clergy or convene congregations. They should dwell in the most secluded places possible. They are denied access to the emperors. |
|
388 March 14 |
CT 3.7.2 | 214 | Valentinian II, Theodosius I, Arcadius | Jews and Christians are forbidden to intermarry. If they break this law, the crime will be considered adultery. |
|
388 June 14 |
CT 16.5.15 | 215 |
Gratian, Valentinian II Theodosius I |
This law rescinds that of Jan 23, 386, which allowed those who assented
to the decrees of the council of Rimini (359) to continue functioning
within the catholic church.
Members of non-catholic sects are denied right of
assembly, are forbidden to have even secret meetings, and may not erect
altars. The emperor appoints officers to identify and prosecute such
persons. [The previous law of Jan. 23, 386, was originally instigated by Valentinian, but he now needed the support of the other emperors, and so he allowed them to rescind his law to gain their support against Maximus the usurper.] |
|
388 June 16 |
CT 16.4.2 | 216 | Valentinian II, Theodosius I, Arcadius | No public discussions or debates about religion may be held. |
|
388 August 9 |
CT 16.5.16 | 217 |
Gratian, Valentinian II Theodosius I |
Though previous laws allowed for Arians to continue their gatherings and
churches, those laws have been rescinded. Arians may not use those
laws in their defense, but must cease their assemblies.
[Pharr notes that Theodosius was not at Constantinople in 388, thus the law must have been promulgated in 387.] |
|
389 May 4 |
CT 16.5.17 | 218 | Valentinian II, Theodosius I, Arcadius |
Eunomian eunuchs may not inherit or leave goods or
property by means of a will. This law applies to all
previous wills, and so property inherited from a Eunomian may be
confiscated. [This law is repealed 5 years later] |
|
389 June 17 |
CT 16.5.18 | 219 | Valentinian II, Theodosius I, Arcadius | Manichaeans are to be expelled from Rome and banished from the empire. Their property is to be confiscated, and their wills are void. |
|
389 Aug 7 |
CT 2.8.19 | 220 | Valentinian II, Theodosius I, Arcadius |
Various days are designated holidays, among them being all Sundays and
the 7 days before and after Easter. Other days include harvest
days, days of excessive heat, January 1, founding days of Rome and
Constantinople, the emperors' birthdays and anniversaries of their
reigns. [The interpretation of the law adds Christmas and Epiphany, and explains that no legal matters can be conducted or debts collected on Sunday.] |
|
389 Sept 6 |
CT 9.35.5 | 221 | Valentinian II, Theodosius I, Arcadius | No corporal punishment may be given during Lent. |
|
389 Nov 26 |
CT 16.5.19 | 222 | Valentinian II, Theodosius I, Arcadius |
Leaders of heretical sects who are found to hold office in the catholic
church are to be expelled from their meeting places as soon as they are
detected in or around the city. [The addressee was based in Constantinople, to which the law must be referring.] |
|
390 March 2 |
CT 10.18.3 | 223 | Valentinian II, Theodosius I, Arcadius |
If anyone, led by inspiration of Divine Power, should find a treasure,
he is free to keep it without taxation. [Previously, he had to give half of what he found to the state.] |
|
390 June 17 |
CT 12.1.121 | 224 | Valentinian II, Theodosius I, Arcadius | Any municipal senator who began service in the church before 388 may keep his patrimony, exempt from obligation, but anyone who left his position in the Senate after 388 must still fulfill his senatorial obligations by surrendering his patrimony. |
|
390 June 21 |
CT 16.2.27 | 225 | Valentinian II, Theodosius I, Arcadius |
1. Restrictions are set for deaconesses. They must be 60 years
old. She must entrust her estate and only live off of revenue,
living modestly. She does not have the right to leave her estate
to any church or member of the clergy, but must leave it for her
surviving relatives. 2. Nothing may be transferred from a dying woman to a member of the clergy, and if secret actions are discovered to have taken place, the property will be given to the woman's nearest relative. 3. No woman with a shaved head may enter a church, and a priest who allows her to enter will be removed from his position. |
|
390 Aug 23 |
CT 16.2.28 | 227 | Valentinian II, Theodosius I, Arcadius | Repeals portions of the previously mentioned law, allowing widows to leave their estates to the church or to individual clergymen. |
|
390 Sept 2 |
CT 16.3.1 | 228 | Valentinian II, Theodosius I, Arcadius |
Monks are to live in the desert or otherwise
uninhabited place where they may find solitude. [Monks were prone to exacerbate theological disputes and even cause riots. This law was repealed two years later.] |
|
390 Sept 2 |
CT 12.1.122 | 229 | Valentinian II, Theodosius I, Arcadius | For a curial family to leave the decurionate is considered a sin. |
|
391 Feb 24 |
CT 16.10.10 | Valentinian II, Theodosius I, Arcadius |
Pagan sacrifice, worship of pagan idols, and worship in pagan temples is forbidden.
Prosecutors of rank will be fined, but
higher officials will pay a smaller amount than lower ranking officials. |
|
|
391 May 11 or Jun 9 |
CT 16.7.4 | 230 | Valentinian II, Theodosius I, Arcadius |
Profaners of baptism must live in segregation and may not give
testimony, grant testaments, or inherit property. They would be
exiled as well, except that living among others with reduced status is
considered greater punishment. They may never regain their
previous status, even through repentance. [Profaners of baptism is probably a reference to re-baptizers or those who baptize without using the correct formula.] |
|
391 May 11 or Jun 9 |
CT 16.7.5 | 231 | Valentinian II, Theodosius I, Arcadius | Persons with inherited rank or status who abandon Christianity shall loose their position and be branded with infamy. |
|
391 May 19 |
CT 16.5.20 | 232 | Valentinian II, Theodosius I, Arcadius |
Heretics are to be driven from cities, villages, and communities.
They are not able to hold public meetings or secret gatherings. |
|
391 Jun 16 |
CT 16.10.11 | Valentinian II, Theodosius I, Arcadius | No person shall enter the pagan temples, perform sacrifices, or revere pagan shrines. Even judges are subject to this law; if they violate it, they will be fined. Their staff will also be fined unless they opposed him. | |
|
391 July 28 |
CT 12.1.123 | 233 | Valentinian II, Theodosius I, Arcadius | A member of the curia who wants to change rank and take an ecclesiastical position has many restrictions. He must see to it that his public expectations are fulfilled or he cannot leave his senatorial position. |
|
392 March 13 |
CT 9.40.15 | 234 | Valentinian II, Theodosius I, Arcadius |
Those who have been condemned as criminals may not be assisted by the
church in escaping their sentences, by either appeal or abduction.
Anyone who violates this law will face a large fine. [this and the following law are aimed to reduce judicial appeals.] |
|
392 April 9 |
CT 11.36.31 | 235 |
Theodosius I, Arcadius, Honorius |
No one, and clergy are singled out, is allowed to encourage a sentenced criminal to appeal or to intervene on his behalf. |
|
392 April 17 |
CT 2.8.20 | 236 | Valentinian II, Theodosius I, Arcadius | Contests in the circuses may not occur on Sunday, so as not to cause a distraction. An exception is made if the emperor's birthday falls on a Sunday. |
|
392 April 17 |
CT 16.3.2 | 237 | Valentinian II, Theodosius I, Arcadius | Monks who have left towns shall be allowed to return. Repeals a prior law of Sept. 2, 380. |
|
392 April 17 |
CT 16.8.8 |
Theodosius I, Arcadius, Honorius |
Certain Jews have been excluded by their own leaders but have been returned to the Jewish community by secular judges. The law commands judges to end this practice. No Jew who has been expelled from the community can be forced back in. Jewish leaders can administrate their religious law. | |
|
392 May 20 |
CT 15.5.2 | 243 |
Theodosius I, Arcadius, Honorius |
Governors are forbidden to hold theatrical plays or races or hunts in the circus except on their birthday and the anniversary of their succession. They may not give golden awards to the winners. These events should not take place on Sunday and should not disturb divine worship. [Rufinus was in the position mentioned from 392-395, so the date given in the Code, 386, has been emended. Otherwise the addressee would need to be emended.] |
|
392 May 27 |
CT 2.8.21 | 238 | Valentinian II, Theodosius I, Arcadius | Part of the law from Aug. 7, 389 is repeated, that no legal transactions, public or private, may take place in the 1 week before or 1 week after, or on Easter. |
|
392 June 15 |
CT 16.5.21 | 239 | Valentinian II, Theodosius I, Arcadius |
If heretical clergy are ordained, the property
where the ordination occurred is to be seized by the government if the
ordination occurred with the owner’s permission. If it was done without
his knowledge, he may be fined or beaten and deported, depending on his
income. If it occurred in a public place, the procurator is to be
fined. [This is the first in a series of similar enactments which continue for a generation. It is directed against owners of large rural estates, and aimed at preventing them from appointing their own heretical clergy.] |
|
392 July 18 |
CT 16.4.3 | 240 | Valentinian II, Theodosius I, Arcadius | Anyone who "should disturb the catholic faith" is to be deported. |
|
392 Oct 18 |
CT 9.45.1 | 241 |
Theodosius I, Arcadius, Honorius |
If a debtor to the state takes refuge in a church, he must be dragged from the church building or else the priest must pay his debt. Clergy should not try to protect debtors from their debts. |
|
392 Nov 8 |
CT 16.10.12 | 242 |
Theodosius I, Arcadius, Honorius |
No person of any class may sacrifice to an image. Even a sacrifice that does not reference the Emperor is not exempt; sacrifices that seek to know about life, death, or other forbidden matters violate natural law. Veneration of images with incense is banned. Judges must enforce this law, if not, they will be fined. |
|
393 Sept. 29 |
CT 16.8.9 | 244 |
Theodosius I, Arcadius, Honorius |
The Jewish sect is protected by law. No synagogues shall be despoiled, and no regulation may be passed to ban Judaism, even in the name of Christianity. |
|
394 Apr 15 |
CT 16.5.22 | 245 |
Theodosius I, Arcadius, Honorius |
Heretics shall not be allowed to appoint or confirm bishops. |
|
394 Jun 20 |
CT 16.5.23 | 246 |
Theodosius I, Arcadius, Honorius |
Eunomians shall be allowed to write wills and
likewise receive through wills. [This repeals a previous law of May 4 389. This law will again be enacted, then again repealed, then again enacted.] |
|
394 June 29 |
CT 15.7.12 | 247 |
Theodosius I, Arcadius, Honorius |
This law is primarily dealing with actors, but a section of it forbids Christian women and children from association with actors, and forbids actresses to dress as dedicated Christian virgins or widows. |
|
394 Jul 19 |
CT 16.5.24 | 248 |
Theodosius I, Arcadius, Honorius |
Heretics are forbidden to teach their doctrines or appoint priests or other clergy. Judges and other officials must enforce this law. |
|
395 March 13 |
CT 16.2.25 | 249 |
Arcadius, Honorius |
Upon the death of Theodosius, Arcadius and Honorius have reviewed all laws passed with regard to heretics. They renew all punishments and penalties imposed on heretics. They rescind any concessions that have been made to any heretics. They re-condemn the Eunomians [who had been granted concessions on June 20, 394], and bar them from governmental service and from leaving or receiving an inheritance. |
|
395 March 23 |
CT 16.2.29 | 250 |
Arcadius, Honorius |
All laws previously enacted to benefit the Christian clergy are to be upheld. |
|
395 March 30 |
CT 16.5.26 | 251 |
Arcadius, Honorius |
Restatement of earlier laws: heretics may not assemble or appoint clergy. |
|
395 July 3 |
CT 2.8.22 |
Arcadius Honorius |
All are to be reminded of the previous law [no longer extant] in which all pagan festival days are declared non-holidays. | |
|
395 June 24 |
CT 16.5.27 | 252 |
Arcadius, Honorius |
Eunomians shall continue to be able to execute
wills.
[June 24 or December 25. This repeals the previous law with regard to Eunomians.] |
|
395 Aug 7 |
CT 16.10.13 | 253 |
Arcadius, Honorius |
No one is permitted to perform a pagan sacrifice. Everyone must hasten to obey the previously enacted laws about heretics and pagans. Governors and other officials who do not enforce this law will be punished and fined, and governors especially so. If members of the imperial staff are found disregarding this statue, they will face capital punishment. |
|
395 Sept 3 |
CT 16.5.28 | 254 |
Arcadius, Honorius |
Anyone who disagrees with the Catholic Christian
Church even on a minor point of doctrine is considered a heretic. This
law specifically names Heuresius. [Heuresius was a bishop in the Diocese of Asia. Pharr conjectures that he was involved in the Luciferian schism, but Coleman-Norton says he is unidentifiable.] |
|
395 Oct 11 |
CT 2.9.3 | 255 |
Arcadius, Honorius |
Anyone who fails to keep a contract which they swore in God's name to keep will lose the said property and pay a penalty. Anyone who swears on a contract in the name of the emperor or his health must keep their contract or lose their property. |
|
395 Nov 4 |
CT 16.5.29 | 256 |
Arcadius, Honorius |
Specifically directs Marcellus, the master of offices, to investigate whether any heretics are present in the imperial service. If so, they are to be removed from service and exiled outside of Constantinople. |
|
396 Feb 5 |
CI 1.4.5 | 257 |
Arcadius, Honorius |
Local leaders and officials are not to be selected from the Alexandrian craft-guildsmen unless they are Christians. |
|
396 Feb 28 |
CT 16.8.10 |
Arcadius, Honorius |
No person outside of Judaism may set the prices for Jewish merchants. Those who do so are to be punished by local authorities. | |
|
396 Mar 3 |
CT 16.5.30 | 258 |
Arcadius, Honorius |
All heretical assembly places are to be confiscated, and heretics driven
out of Constantinople. They are forbidden to enter the city for
the purpose of gathering. If this occurs even in a private house, the
penalty was a fine of 100 pounds of gold. [Pharr conjectures that this law belongs to 402.] |
|
396 March 23 |
CT 16.7.6 | 259 |
Arcadius, Honorius |
Christians who became guilty of idolatry are not allowed to bequeath property in their wills to anyone other than parents, siblings, children, or grandchildren. |
|
396 Apr 21 |
CT 16.5.31-32 | 260 |
Arcadius, Honorius |
Eunomian authors and teachers are to be exiled from their municipalities. Their property and meeting places are to be confiscated. |
|
396 April 24 |
CT 16.8.11 |
Arcadius, Honorius |
Anyone who publicly makes insulting mention of the Illustrious patriarchs
is subject to punishment. [These patriarchs were Jewish leaders of the day, not the Biblical figures.] |
|
|
396 Dec 7 |
CT 10.10.14 |
Arcadius, Honorius |
Any privileges granted in ancient law to pagan priests and leaders are abolished. They cannot claim to have privileges, because their profession is now condemned. | |
|
397 Jan 31 |
CT 16.2.30 | 261 |
Arcadius, Honorius |
Privileges previously granted to the church [i.e. the clergy] shall remain in place. |
|
397 Jan 31 |
CT 11.16.21 | 262 |
Arcadius, Honorius |
The privileges granted to churches, and especially to the church of Rome, are to be guarded. |
|
397 March 17 |
CT 12.5.3 | 263 |
Arcadius, Honorius |
Governors may not ask some decurions to render compulsory public service
twice before all have given it once. [The religious significance of this law is one phrase which implies that some "sacred rites" initiate one into the municipal senate, which Coleman-Norton takes to be a Christian ceremony.] |
|
397 Apr 1 |
CT 16.5.33 | 264 |
Arcadius, Honorius |
Apollinarians shall be exiled from Constantinople and those who assemble secretly shall have their meeting places confiscated. |
|
398 June 12 |
CT 11.16.22 | 265 |
Arcadius, Honorius |
Anyone who attempts to take away the privileges previously granted to the clergy will be punished. |
|
397 June 17 |
CT 9.45.2 | 266 |
Arcadius, Honorius |
Jews who feign a desire to join the church in order to escape debts must first repay their debts. |
|
397 Jun 17 |
CT 16.8.12 |
Arcadius, Honorius |
Jews are not to be harassed or attacked; governors are to maintain the synagogues' tranquility. | |
|
397 Jul 1 |
CT 16.8.13 | 267 |
Arcadius, Honorius |
Jewish clergy are allowed to retain their own laws and rituals and are exempt from service as in municipal senates. They are to have the same privileges as Christian clergy. |
|
398 March 6 |
CT 16.5.53 | 330 |
[Arcadius,] [Honorius] |
Jovinianus, a heretic condemned at Rome and Milan,
who had been holding unlawful meetings outside the walls of the city
(Milan?), is to be arrested, beaten with a leaden whip, and exiled to
the island of Boa. His companions likewise are to be exiled. [The addressee, Felix, was known to be in Rome in 398, and Jovinianus was condemned in 390; For these reasons the codex's date is suspect, and both Coleman-Norton and Pharr prefer 398. The Codex lists the year as 412 and the Augusti as Honorius and Theodosius II. ] |
|
398 March 4 |
CT 16.5.34 | 268 |
Arcadius, Honorius |
Eunomians and Montanists are to be expelled from the cities, and if they reside in the country and should hold assemblies, they are to be deported and the owners of the land they inhabited punished. Heretical books are to be destroyed. Those who refuse to surrender such books are to suffer capital punishment on the charge of sorcery. |
|
398 July 26 |
CT 16.2.32 | 269 |
Arcadius, Honorius |
If bishops should need more clerics, they should ordain new priests from the orders of monks. They should not seek them from men of rank who need to perform public services. |
|
398 July 27 |
CT 16.2.33 | 270 |
Arcadius, Honorius |
Clergy shall be ordained and serve from their own villages or other localities, and under supervision of the bishop, a set number of clergy shall be determined for each church. |
|
398 July 27 |
CI 1.4.7 | 271 |
Arcadius, Honorius |
A bishop may serve as judge in a legal case only if both parties agree to it. |
|
398 July 27 |
CT 9.40.16 | 272 |
Arcadius, Honorius |
Bishops are given restricted rights to appeal on behalf of convicted criminals. Only in humanitarian cases, when there is sufficient evidence and the time for appeal is not run out may they assist in making an appeal. |
|
398 July 27 |
CT 9.45.3 | 273 |
Arcadius, Honorius |
If the clergy refuse to surrender someone who has fled to church to escape his debts, they shall be responsible for paying his debts. |
|
399 April 11 |
CT 16.8.14 |
Arcadius, Honorius |
Recently, the Jewish leaders sent emissaries to collect a tax from all the Jewish communities. Revenue collected by the Jewish patriarch in this way is instead to be sent to the imperial treasury. | |
|
399 May 8 |
CT 13.1.16 | 274 |
Arcadius, Honorius |
The services of shrewdness and religion are distinct. Therefore, anyone engaged in trade while enjoying clerical exemptions shall speedily either leave the clergy or leave his trade. |
|
399 May 17 |
CT 16.5.35 | 275 |
Arcadius, Honorius |
The Manichaeans, who have already been condemned, shall be found, restrained,
and punished. [This was directed to the proconsul of North Africa.] |
|
399 June 25 |
CT 16.2.34 | 276 |
Arcadius, Honorius |
The Church shall not have its privileges violated; any authority who impedes by either attack or neglect the Church shall be fined. |
|
399 July 6 |
CT 16.5.36 | 277 |
Arcadius, Honorius |
Eunomians are allowed to grant goods from their own property and to receive property. However, they still may not assemble, and if any of their bishops are found at a gathering, the bishops are to be deported and their goods confiscated. |
|
399 July 10 |
CT 16.10.16 |
Arcadius, Honorius |
Pagan temples in rural areas are to be torn down without disturbance. | |
|
399 Aug 20 |
CT 16.11.1 | 278 |
Arcadius, Honorius |
Bishops must preside over cases regarding religion. Provincial governors hear cases of secular law. |
|
399 Aug 20 |
CT 16.10.17 |
Arcadius, Honorius |
Despite the abolishment of pagan sacrifices, public festivals and celebrations are allowed. They simply may not contain pagan superstition or sacrifices. | |
|
399 Aug 20 |
CT 16.10.18 |
Arcadius, Honorius |
Temples not containing illegal objects [such as statues and altars] may not be destroyed. Idols shall still be taken down and those performing sacrifices punished according to law. | |
|
399 Aug 27 |
CT 2.8.23 | 279 |
Arcadius, Honorius |
No theatrical plays, horse races, or other effeminizing spectacles may be held on the Lord's day (Sunday). However, the emperor's birthday will be celebrated when it falls on the Lord's day (Sunday). |
|
399 August 29 |
CT 16.10.15 |
Arcadius, Honorius |
Ornaments of public buildings are not to be
destroyed. No one may use previous laws as a pretext for
destroying public buildings. Anyone who displays unauthorized public transportation passes must deliver them to the emperors. The granters will be fined. [Either January or August 29.] |
|
|
399 Dec 11 |
CT 12.1.163 | 280 |
Arcadius, Honorius |
Any bishop who left his position in the municipal senate after 388 must either find a substitute to fulfill his senatorial obligations or must surrender his patrimony. Lower clergy must return to the senates. |
|
401 July 14 |
CT 16.2.36 | 282 |
Arcadius, Honorius |
Clergy buying and selling food within legal limitations are exempted from paying taxes on that enterprise. They shall also be exempt from compulsory public service. |
|
404 Feb 3 |
CT 16.8.15 |
Arcadius, Honorius |
Privileges previously granted Jewish patriarchs are to be upheld. | |
|
404 Apr 22 |
CT 16.8.16 |
Arcadius, Honorius |
Jews and Samaritans enrolled as members of the secret service are hereby deprived of employment with the imperial service. | |
|
404 Jul 25 |
CT 16.8.17 |
Arcadius, Honorius |
An earlier law forbidding the Jewish patriarchs from collecting their
own taxes is repealed. [Repeals 16.8.14 of April 11, 399.] |
|
|
404 Jan 29 |
CT 16.4.4 | 283 |
Arcadius, Honorius, Theodosius II |
Office staff shall abstain from tumultuous public gatherings, and those who violate the Emperor’s will may
lose their office and pay a fine. [Because the date coincides with John Chrysostom's problems, and this law is found in a section dealing with religion, it is assumed that the gatherings in question are related to the church.] |
| 404 | Palladius, Dialogus de Vita | 284 | Arcadius |
Anyone not in communion with Theophilus of Alexandria is to be excluded
from the episcopate and all his money and goods are to be confiscated. [This was directed against John Chrysostom and his followers.] |
|
404 Aug 29 |
CT 16.2.37 | 285 |
Arcadius, Honorius |
Bishops from outside Constantinople shall not serve there. Clergy who had been in prison after the riot [according to Pharr’s footnote, caused by John Chrysostom] are to be released and returned to their homes since the arsonists could not be found. |
|
404 Sept 11 |
CT 16.4.5 | 286 |
Arcadius, Honorius, Theodosius II |
Slaves may not participate in tumultuous public gatherings. Their masters will be fined if they are found disobedient. Money changers must also follow this rule. |
|
404 Nov 18 |
CT 16.4.6 | 287 |
Arcadius, Honorius, Theodosius II |
Any Christian assemblies out of communion with the bishops of Constantinople, Antioch, and Alexandria are forbidden. |
|
405 Feb 4 |
CS 2 CT 16.2.35 |
288 |
Arcadius, Honorius, Theodosius II |
If a deposed bishop raises trouble or attempts to continue in his
position, he must be exiled over 100 miles from his former see. He
may not continue meeting with those from his former diocese. [CS gives the year 405, while the CT gives the year 400. ] |
|
405 Feb 4 |
CT 2.8.24 | 281 |
Arcadius, Honorius |
There may be no spectacles [horse races, theatrical plays, etc.] in the
seven days of Quadragesima, on the seven Paschal days, on the birthday
and on Epiphany. [The birthday mentioned seems to be Christmas, and not the emperor's birthday, but it only says "the birthday." Pharr suggests moving this to 405. The text actually gives the year 400] |
|
405 Feb 12 |
CT 16.6.3-5 | 289-91 |
Arcadius, Honorius, Theodosius II |
Anyone who performs rebaptism will have his property confiscated unless, for the sake of his children, he returns to the catholic church. Places where rebaptisms were performed will be confiscated. Re-baptizers may not make contracts or leave wills. Slaves forced into rebaptism will be protected by the catholic church and allowed to leave Donatist masters.. |
|
405 Feb 12 |
CT 16.5.38 | 292 |
Arcadius, Honorius, Theodosius II |
No one should recall to memory a Manichaean or a Donatist. Worship shall be uniform, and all shall recognize the Trinity. There shall be one understanding of salvation. Those who participate in unauthorized religious practices or join in uproarious mobs shall be punished with "a sharper goad of irritation." |
|
405 Feb 25 |
CT 16.5.37 | 293 |
Arcadius, Honorius |
The rescript of Julian, which gave Donatists freedom of worship, is
repealed. [See Coleman-Norton # 120.] |
|
405 March 5 |
CT 16.11.2 | 294 |
Arcadius, Honorius, Theodosius II |
The edict of Feb.12, 405 (CT 16.5.38), which had originally been circulated in Africa, is now to circulate widely. |
|
405 Dec 8 |
CT 15.5.39 | 296 |
Arcadius, Honorius, Theodosius II |
Donatists shall be punished without delay if they confess or if they have been convicted. |
| 406 | Palladius, Dialogus de Vita | 297 | Arcadius | Any bishop out of communion with the bishops of Constantinople, Antioch, and Alexandria [the supporters of John Chrysostom are intended] will be expelled from the church and have his property confiscated. |
|
406 June 27 |
CT 15.1.44 |
Arcadius, Honorius, Theodosius II |
If repairs are necessary on a building, permission is granted to remove images of the emperors without prior consultation, so long as they are restored as soon as the repairs are finished. | |
|
407 Feb 22 |
CT 16.5.40 | 298 |
Arcadius, Honorius, Theodosius II |
Manichaeans, Phrygians, and Priscillianists are signaled out as heretics. Their beliefs are considered public crimes on the grounds that crime against religion is detrimental to all. They may not give gifts in their wills, make contracts, or buy and sell. Their slaves may leave them. Their children are not allowed to inherit from them unless they renounce such heresy. Provincial governors will be fined if they fail to punish those convicted of these heresies. |
|
407 Nov 15 |
CT 16.5.41 | 299 |
Arcadius, Honorius, Theodosius II |
Donatists and Manichaeans may have their crimes forgiven if they renounce their beliefs and embrace the catholic faith and practices. |
|
407 Nov 15 |
CT 16.2.38 | 300 |
Arcadius, Honorius, Theodosius II |
Rights sought by the church through lawyers or representatives rather than through clergy shall be effected. Privileges already held by the church shall remain in effect. |
|
407 Nov 15 |
CT 16.5.43 | Honorius, Theodosius II | Laws against Donatists, Montenses, Manichaeans, and Priscillianists remain in place. Their buildings as well as those of the Caelicolists are to be taken and given to the churches. | |
|
407 Nov 15 |
CT 16.10.19 |
Arcadius, Honorius, Theodosius II |
Income from taxes which had been given to pagan temples shall be redirected for soldiers. Images in pagan temples must be removed if there is any veneration of them. All pagan altars must be torn down. Public, secular use is to be made of the temples. Banquets shall not be permitted for sacrilegious rites. | |
|
408 June 5 |
CS 12 | 301 | Honorius, Theodosius II |
Laws in place against Donatists, Manichaeans, and
other groups remain effective. Prosecution against them must continue
vigorously. Also, Income from taxes in kind shall be
redirected from pagan temples to support the army. [Given Nov. 25, 407, posted in Carthage on the date given to the left.] |
|
408 April 27 |
CT 9.35.7 | 302 | Honorius, Theodosius II | Though a previous law had suspended criminal trials during Lent and Easter [March 27, 308, CT 9.35.4], an exception is made for the trials of Isaurian bandits, so that information may be extracted from them by torture. |
|
408 May 29 |
CT 16.8.18 | 303 | Honorius, Theodosius II |
Jews may not burn crosses at the feast of Purim, and shall loose their
rights if they disobey the law. They must keep their customs in a
way that does not offend Christians. [The primary purpose of burning the cross was probably not to insult Christians, but to remember the death of Haman in the book of Esther, which was commemorated at Purim.] |
|
408 Nov 14 |
CT 16.5.42 | 304 | Honorius, Theodosius II | Persons who disagree with the Emperor on matters of religion are not be allowed to serve in the palace or any imperial post. |
|
408 Nov 24 |
CT 16.5.44 | 305 | Honorius, Theodosius II | Donatists, Jews, and heretics have been disturbing the catholic sacraments. Therefore, it is forbidden “to attempt anything that is contrary and opposed” to the catholic sect |
|
408 Nov 27 |
CT 16.5.45 | 306 | Honorius, Theodosius II | Municipalities and decurions are ordered to ensure that any priests who dissent from their bishops do not convene unlawfully, and if they do, their meeting places shall go over to public ownership. |
|
408 Nov 27 |
CS 9 | 307 |
Arcadius, Honorius |
Those who leave the clergy must return to serve in the municipal councils or guilds where they originally served. |
|
408 Nov 27 |
CT 16.2.39 |
Arcadius, Honorius, Theodosius II |
Clergy who have left the priesthood, either voluntarily or through the order of the bishop, he shall not be allowed to freely return to the clergy. He shall be placed either in the municipal senate or a guild. He shall be subject to compulsory public services. | |
|
408 Dec 17 |
CS 16 | 308 | Honorius | Among other legislation dealing with freeing prisoners of war, Honorius encourages Christian clergy to advocate for returned prisoners. |
|
408 Dec 13 |
CT 1.27.2 | 309 |
Arcadius, Honorius, Theodosius II |
If two parties have chosen to have their cases heard before bishops, the verdict is unappealable. The governors will be in charge of execution of the verdict. |
|
409 Jan 15 |
CS 14 CT 16.2.31 CT 16.5.46 |
310 | Honorius, Theodosius II |
Directed towards the situation in North Africa -
Persons who have committed crimes and outrages against bishops
in Africa are to be prosecuted. The governors in Africa need to
seek them out, prosecute them, and confiscate their property. If
crimes were committed by a multitude, at least some names need to be
found. Outrages against catholic bishops merit
capital punishment. Also - laws against Jews and pagans are in force, which prevent them for disturbing the catholic church. |
|
409 Jan 21 |
CI 1.55.8 | 311 |
Honorius, Theodosius II |
Only orthodox Christians may be appointed as defender of the city, with the bishop and clergy joining the distinguished citizens, rentiers, and curials in making the appointment. |
|
409 Jan 25 |
CT 9.3.7 | 312 |
Honorius, Theodosius II |
On Sundays, governors should see to the care of prisoners, providing food and a bath, and personally examining their condition. 20 pounds of gold is the fine for breaking this law. Bishops should encourage governors not to neglect this law. |
|
409 Feb 1 |
CT 9.16.12 | 313 |
Honorius, Theodosius II |
All astrologers are to be expelled and exiled, unless they burn their books in the presence of a bishop and convert to Christianity. |
|
409 Feb 28 |
CI 1.3.16 | 314 |
Honorius, Theodosius II |
If the owner of the land on which an aspirant to the clerical office lives and works is unwilling to have him join the clergy, the man may still join the clergy if he pays the poll tax and finds a substitute for his services on the land. |
|
409 Feb. 29 |
CT 15.9.2 |
Honorius, Theodosius II |
The amount of money spent on public games is limited. | |
|
409 Apr 1 |
CT 16.8.19 | 315 | Honorius, Theodosius II | Caelicolists are to return to orthodox Christianity within one year of this order. The law is repeated that Christians may not made to convert to Judaism. Breaking this second law is tantamount to treason |
|
409 April 1 |
CT 2.8.25 | 316 |
Honorius, Theodosius II |
No amusements of any type may be held on the Lord's day (Sunday), not
even New Year's day or the emperor's birthday or anniversary. [In previous laws, e.g. Aug 27, 399, the emperors' birthdays and anniversaries were the two exceptions to the rule that no amusements could take place on Sunday.] |
|
409 June 26 |
CT 16.5.47 | 317 | Honorius, Theodosius II | Any governmental official who appeals on behalf of a heretical group automatically has his petition denied, even without a reply from the emperor. |
|
409 June 26 |
CT 2.4.7 | 318 | Honorius, Theodosius II | Whenever an ecclesiastical case is brought before a civil court, the case must not be delayed, but dealt with swiftly. |
|
409 Aug 21 |
CI 1.2.4 | 319 | Honorius, Theodosius II |
There may be no more than 950 corpse-bearers in Constantinople, and
after that, no more may be added, even by replacement. Later
legislation can re-assess the situation if there is a need for more
corpse-bearers. [On Feb. 6, 356, ecclesiastical grave diggers were exempted from paying the standard tradesmen's tax. That legislation, or something similar, seems to have caused the super-abundance of corpse-bearers.] |
|
410 Feb 21 |
CT 16.5.48 | 320 | Honorius, Theodosius II | Montanists, Priscillians, and other heretical groups may not be admitted into imperial service. However, to avoid having people join heretical groups in order to avoid public service and taxation, curials and municipal senates may appoint members from heretical groups, who will then be expected to fulfill compulsory public services and functions. If they are already obligated to the service by birth or another reason, they shall not be exempted. |
|
410 Mar 1 |
CT 16.5.49-50 | 321 | Honorius, Theodosius II |
(49)
Earlier laws against the Eunomians remain in
force. They may not inherit or bequeath goods except to family. If no
family exists, the goods become government property. The confiscated
treasure should be sent to Constantinople unless there is a compelling
reason to use it locally for the public utility. (50)
The office staff of the imperial estates should know that it will be to
their own peril if they should allow this property to pass to someone
else, rather than confiscate it for the state. [Arcadius had enacted similar measures against Eunomians (March 13, 395), but had later rescinded them (July 6, 399).] |
|
410 May 24 |
CT 12.1.172 | 322 | Honorius, Theodosius II | Previous laws have excused clergy from completing municipal services. But that legislation is voided, and anyone born into a situation which owes municipal service must fulfill it. Current clergy may either return to fulfill their services or surrender their patrimonies to the municipal senate. Also, no one who has voluntarily joined the municipal senate may leave it. |
|
410 Aug 26 |
CT 16.5.51 | 323 | Honorius, Theodosius II | All "enemies of the sacred law" shall be punished by proscription and blood if they continue to publicly assemble. |
|
410 Oct 14 |
CT 16.11.3 | Honorius, Theodosius II |
The "new superstition" is abolished and laws regarding the
Catholic faith remain in place and are to be enforced. [Pharr takes this as a veiled reference to Donatism, presumably connecting it to the following document.] |
|
| 410 | Proceedings of the Council of Carthage | 324 | Honorius, Theodosius II |
Laws formerly enacted against Donatists are upheld. The emperors
grant the request of a delegation of catholics, and are summoning a
council to meet in Carthage under the supervision of Marcelline.
The Donatists should be reconciled within four months. [Found in PL 11.1260-60.] |
| 411 | Proceedings of the Council of Carthage | 325 | Marcelline on behalf of Honorius |
Marcelline summons the catholic and Donatist bishops to Carthage on June
1. This announcement is to be sent even to the countryside, and
anyone whose church has been taken away from him will have it restored
if he agrees to attend. Marcelline offers to appoint a second
judge if the Donatists are not satisfied with him. He promises to
give a fair and thorough investigation to the Donatists, and offers them
imperial protection from harm. Donatists shall have the right to
bring before him any complaints. [Found in PL 11.1261-63] |
| 411 | Proceedings of the Council of Carthage | 326 |
Marcelline on behalf of
Honorius
|
Each side of the debate shall have no more than 7 public representatives to express what each side has agreed upon in pre-consular meetings. Each of the public debaters may have a silent assistant. A crowd must not gather at the council's site, but each side should pray quietly in their own churches, and only the assigned representatives should appear at the council. Minutes form the council will be carefully kept and published. No unsubstantiated or false charges are to be made. In addition to the imperial stenographers, four representatives from each side will serve as notaries, and four bishops from each side will supervise them. They will agree on a clear copy to be published, which can then be taken to the people outside. Each days' proceedings shall be reviewed and signed on the following day, and then it will be sealed by Marcelline and his eight guardians. The representatives must send signed letters to Marcelline before the council, indicated that they agree to and will abide by the proceedings he has set forth. [found in PL 11.1263-66.] |
|
411 Jun 24 |
CS 11 CT 16.2.40 |
327 | Honorius, Theodosius II | Compulsory public services and taxes shall not be required of church-owned properties. |
|
411 June 26 |
Proceedings of the Council of Carthage | 328 | Marcelline on behalf of Honorius | Having ruled in favor of the catholics at the council of Carthage, he now commands that all Donatists meetings cease, and that they be actively stopped by local senates, overseers, and other authorities. They are given one final chance to return to the catholic church, but if they do not, they will suffer the consequences prescribed by law. Any place which harbors Circumcellions in particular will be confiscated. The proceedings of the council of Carthage are publicly available for anyone dissatisfied with this ruling. This decree is to be posted. |
|
412 Jan 30 |
CT 16.5.52 | 329 | Honorius, Theodosius II | Clergy and laymen of the Donatists shall have to pay fines unless they return to the catholic church. Procurators are obligated to deliver the Donatists, lest their estates be taken. Slaves and tenant farmers shall be recalled to the catholic faith by frequent flogging. Donatist priests, clerics and ministers shall be removed from Africa, and their meeting places ceded to the catholic church. |
|
412 March 19 |
CT 5.9.2 | 331 | Honorius, Theodosius II | No one who has abandoned his or her children may reclaim them if they are taken in by the church. A bishop's signature is the necessary witness that the church has taken the child in. |
|
412 Jul 26 |
CT 16.8.20 CT 2.8.26 CI 1.9.13 |
332 | Honorius, Theodosius II | No Jew may be compelled to fulfill a compulsory public service or to appear in court for a legal case on the Sabbath or any other Jewish. All matters with them must be completed Monday-Friday. Jewish synagogues may not be taken by non-Jews, and Jewish observation of the Sabbath is to be protected. Likewise, Jews must not summon Christians to court on Christian holidays. |
|
412 or 418 Aug 6 |
CT 16.8.21 | 333 | Honorius, Theodosius II |
Jews may not be persecuted for their religion or
have their property taken without cause. They are cautioned, however,
that they may not disrespect Christianity. [Pharr’s footnote also lists 418 and 420.] |
|
412 Dec 11 |
CS 15 CT 16.2.41 |
334 | Honorius, Theodosius II | Clergy may not be prosecuted except before a bishop. Anyone who brings un-provable accusations against a clergyman shall face loss of reputation and status |
|
413 Mar 21 |
CT 16.6.6 | 335 | Honorius, Theodosius II |
Rebaptism is forbidden. Both the person who
baptized and the person receiving rebaptism, if he is of age, are
considered guilty. Novatians are to celebrate Easter at the same time as orthodox Christians. |
|
413 Mar 29 |
CT 16.6.7 | 336 | Honorius, Theodosius II | Assemblies and funeral activities of Eunomians are banned, as are their repeat baptism practices. Anyone who is a cleric in their sect or allows them to meet in his home shall lose his property. |
|
414 Jun 17 |
CT 16.5.54 | 337 | Honorius, Theodosius II | Donatists are to lose their property. They have no power or making wills, receiving inheritances or public assembly. Donatist bishops, priests, and other leaders are to be exiled to separate places. Possessions of Donatists shall go to the public fisc, and churches of Donatists and heretics is to be given to the catholic church. Patrimony shall be taken from anyone harboring heretics. Senators who are Donatists are to be fined. Judges shall likewise be fined. Governing officials shall be fined, and if they persist, fined, lashed, and exiled. Tenant farmers and slaves will be lashed out of Donatism. |
|
414 Aug 30 |
CT 16.5.55 | 338 | Honorius, Theodosius II |
Legal investigations and proceedings against Donatists by Marcelline shall
enter the public record and remain valid. [Marcelline was a tribune in North Africa who presided over the Council of Carthage in 411 but was executed on trumped-up charges at the instigation of Donatists in 413 according to Jerome and Augustine. See laws in connection with Carthage above. ] |
|
415 Aug 25 |
CT 16.5.56 | 339 | Honorius, Theodosius II |
Those who publicly assemble to practice heretical rites may have their property taken
and be executed. [Addressed to North Africa, this may have in mind the Donatists, but see below.] |
|
415 Aug 30 |
CT 16.10.20 | 340 | Honorius, Theodosius II | Pagan priests North Africa must abandon metropolitan cities and return to their ancestral cities before the kalends of November, otherwise they will be punished. Throughout the empire, any place that was formerly devoted to paganism shall be given to the church. Any anything leads men to worship the pagan gods, it should be removed. Chiliarchs and Centenarii [pagan officials] are forbidden, and subject to capital punishment. |
|
415 Oct 20 |
CT 16.8.22 | 341 | Honorius, Theodosius II | An honorary prefect, Gamaliel, shall be deprived of rank and may neither establish synagogues. If there are disturbance between Jews and Christians, they shall be resolved by the local governors. No Jews may convert Christians or hold Christians slaves. |
|
415 Oct 31 |
CT 16.5.57 | 342 | Honorius, Theodosius II | Montanists may not hold meetings or assemblies. Any land-owner receiving them will have his property taken. Any manager who receives them without permission will be exiled. Montanist meeting places, but not personal private property, are to be added to orthodox churches. |
|
415 Nov 6 |
CT 15.5.58 | 343 | Honorius, Theodosius II | If it is determined that repeated baptism or secret assemblies have been held in the houses of Eunomian clerics, the houses shall be confiscated. Eunomians may not leave property or receive wills. Anyone who performs re-baptisms will be exiled. |
|
415 Nov 6 |
CT 16.9.3 | 344 | Honorius, Theodosius II | Jews are allowed to hold Christian slaves provided that the slaves are allowed to retain their Christianity. |
|
415 Dec 3 |
CT 11.24.6 | 345 | Honorius, Theodosius II | [this is a long law dealing with property, but the following is included in it:] When property is given to a great church such as Alexandria or Constantinople for the purpose of tax evasion, the church may keep the property, but must continue to pay the necessary taxes. |
|
416 Sept 24 |
CT 16.8.23 | 346 | Honorius, Theodosius II | Some Jews have joined the church in order to avoid punishments for crimes or other duties. They should be permitted to return to Judaism, where they can fulfill whatever obligation they owe. |
|
416 Sept 29 |
CT 16.2.42 | 347 | Honorius, Theodosius II | Clerics shall have nothing to do with municipal councils or public affairs. The number of attendants of the sick is limited to 500, and they must be chosen from the lower classes and approved by the prefect. Attendants of the sick may not attend public spectacles, and may only appear in court in connection with a personal case. The prefect may assign the replacements when an attendant to the sick dies. |
|
416 Dec 7 |
CT 10.10.21 | Honorius, Theodosius II | Pagans shall not become administrators or judges. In fact, they may not enter the imperial service at all. | |
|
417 April 10 |
CT 16.9.4 | 348 | Honorius, Theodosius II | Jews may not purchase or receive as gifts Christian slaves. Jews may retain slaves who were already Christian or who came under an inheritance. But proselytizing Christians is a capital offense. |
|
418 Feb 3 |
CT 16.2.43 | 349 | Honorius, Theodosius II |
The number of clergy who were allowed to attendants for the sick in Alexandria is increased from 500 to
600. They are to be chosen by the Bishop of Alexandria. [This alteration of the law made September 29, 416 came about by the petitioning of Cyril of Alexandria.] |
|
418 Mar 10 |
CT 16.8.24 | Honorius, Theodosius II | Jews may not enter imperial service. Jews who have already taken the oath for service may remain, except those in the armed service. Jews are not prohibited from becoming advocates or decurions. | |
|
418 April 13 |
Codex Canonum | 350-351 | Honorius, Theodosius II | After reproving the doctrines of Pelagius and Caelestius, the Honorius expells them from the city, and orders confiscation of property and exile for their followers. [found in the Codex Canonum Ecclesiasticorum Et Constitutorum Sanctae Sedis Apostolica, PL vol. 56, coll. 490-93. A general letter and a specific order to the prefect are preserved.] |
|
419 before and just after Easter |
Collectio Avellana 15-36. CSEL vol. 35, pp. 60-82 | 352-367 | Honorius | Several documents contained in the Collectio Avellana describe the tumultuous events in Rome in 419. Rival bishops were elected at the death of Zosimus, and the emperor supported first one and then the other. He summons each side to his court in Ravenna, then summons a council to deal with the problem. The council banishes both claimants. Honorius then installs a temporary bishop to hold Easter services. He then summons a council of African bishops at Spoleto to judge the matter. Finally, Boniface is made the official bishop, restricts the followers of Eulalias, and cancels the African council. |
|
419 May 18 |
CS 5 | Honorius, Theodosius II | Foundlings (abandoned children) shall be the property of those who acquired them. | |
|
419 June 9 |
Augustine, Ep. 201 | 368 |
Honorius, Theodosius II |
Anyone who hides a Pelagian will suffer the same penalties as a Pelagian. St. Augustine is authorized to publicize the penalties for Pelagians. |
|
419 Sept. 24 |
CT 9.40.24 | 369 |
Honorius, Theodosius II |
The emperors had decreed capital punishment for anyone who taught the barbarians how to build ships, but thanks to the intercession of the bishop of Chersonesus, former transgression are forgiven, though the punishment still awaits future transgressors. |
|
419 Nov 21 |
CS 13 | 370 | Honorius, Theodosius II | For persons seeking sanctuary in a church, the zone of protection shall extend fifty paces from the church. Priests are allowed to enter prisons and visit prisoners. They are also allowed to advocate before judges on behalf of prisoners if justice has not been done. |
| 420 | Collectio Avellana, CSEL 35.83-84 | 371 | Honorius | In a contested papal election, neither side wins, but the election must be re-held. |
|
420 May 8 |
CS 10 CT 16.2.44 |
372 | Honorius, Theodosius II | Clergy may not live with women other than wives whom they married before entering the priesthood, or their mothers, sisters, or daughters. Married clergy may not separate from their wives. Also, anyone who rapes a consecrated virgin is to have his property confiscated and to be deported. |
| 421 | Codex Canonum... | 373- 374 | Constantius III |
All heretics, who should have already
been deported, are now to be expelled from coming within 100 miles of
Rome. Caelestius especially is to be removed, so that peace can
return to the city.
[found in the Codex Canonum Ecclesiasticorum Et Constitutorum Sanctae Sedis Apostolica, PL vol. 56, coll. 499-500.] |
|
421 July |
CT 16.2.45 | 375 | Honorius, Theodosius II |
Religious laws passed in Illyricum remain in place.
Any legal questions must come before the bishops and with the knowledge
of the bishop of Constantinople. After a request from Pope
Boniface, this law was rescinded. [The issue was whether Illyricum should be under the jurisdiction of Rome or Constantinople, and despite this law, it remained under control of Rome until 484.] |
|
423 Feb 15 |
CT 16.8.25 | 376 | Honorius, Theodosius II | Jewish synagogues and property may not be taken for ecclesiastical purposes or burned. If such an incident does occur, they will be compensated. However, they may not build new synagogues. |
|
423 March 15 |
CT 15.3.6 | 377 | Honorius, Theodosius II | Clergy are no longer exempted from contributing to public roads or bridges. |
|
423 Apr 9 |
CT 16.8.26 | 378 | Honorius, Theodosius II | All previous laws against Jews, heretics, and pagans are upheld. Jews are protected from attacks by people acting in the name of Christianity. Jews still may not circumcise Christians, and will have their property confiscated and be exiled if they do. |
|
423 Apr 9 |
CT 16.9.5 | 379 | Honorius, Theodosius II |
Jews shall not hold Christian slaves on the grounds
that religious slaves shall not be subject to impious owners. [Similar laws had previously been passed and rescinded.] |
|
423 Apr 9 |
CT 16.10.22 | Honorius, Theodosius II | Previous laws against pagans are upheld. | |
|
423 Apr 9 |
CT 16.5.59 | 380 | Honorius, Theodosius II | Repeats that this constitution denies privileges to Arians, Novatians, Eunomians, Macedonians, Sabbatians and other heretics. |
|
423 Jun 8 |
CT 16.5.60 | 381 | Honorius, Theodosius II | Government officials are ordered to carry out previous legislation against Arians, Eunomians, Macedonians, and other condemned sects. |
|
423 Jun 8 |
CT 16.10.24 | 382 | Honorius, Theodosius II | Manichaeans, Pepyzites, and those who do disagree as to the day of Easter may have their property taken and be sent into exile. But Christians may not attack or plunder Jews or pagans. They must pay back three times as much as what they took from an innocent pagan or Jew. . |
|
423 Jun 8 |
CT 16.10.23 | Honorius, Theodosius II | Pagans are to be exiled and have their possessions confiscated. | |
|
423 Jun 8 |
CT 16.8.27 | Honorius, Theodosius II | Jews may not construct new synagogues, but old ones will not be torn down. Other prohibitions are upheld. | |
|
423 Aug 8 |
CT 16.5.61 | 383 | Honorius, Theodosius II | The law that Eunomians are not allowed in the imperial service may not be applied to cohortalines. |
|
424 Oct 10 |
CT 11.1.33 | 384 | Theodosius II | The church in Thessalonica is granted immunity from the poll tax, provided this law is not taken advantage of. |
|
425 Feb 1 |
CT 15.5.5 | 385 | Theodosius II, Valentinian III | All theatres and circuses are to be closed on all Lord's Days (Sunday), Christmas, Epiphany, Easter, and Pentecost, when the baptismal vestments are still being worn, and when the Apostolic Passion is celebrated. All Jews and pagans must respect these days. No spectacles in honor of the emperor are to take precedence over worship of God. Rather, the emperors are best shown devotion when the entire empire worships the omnipotent God. |
|
425 May 5 |
CT 15.4.1. | 386 | Theodosius II, Valentinian III | Whenever statues of the emperors are erected, the local government official shall be present, without vainglorious adulation. Whenever the images are shown at plays or games, respect shall be given, but not not worship matching what is reserved for Deity. |
|
425 Aug 6 |
CS 6 CT 16.2.47 CT 16.5.64 CT 16.5.62 |
387- 388 | Theodosius II, Valentinian III |
Clerical legal action must be done before a bishop
rather than a secular judge. Bishops who have been led astray into
Pelagianism have 20
days to reform or be exiled from Gaul. Manichaeans and heretical sects
are exiled from the cities. Jews and pagans may not bring cases before
the imperial service, and may not hold Christian slaves. [Each record of the law gives a different date, but Coleman-Norton prefers August.] |
|
425 Aug 4 |
CT 16.5.63 | 389 | Theodosius II, Valentinian III | Confiscation is the punishment for heresy, perfidy, schism, pagan superstition, or other errors hostile to the catholic faith. |
|
425 Jul 6 |
CT 16.2.46 | 390 | Theodosius II, Valentinian III |
Upholds previous protections and privileges granted
to the Church and clergy. [July 6 or August 4.] |
|
426 Apr 7 |
CT 16.7.7 | 391 | Theodosius II, Valentinian III | There is no statue of limitations for investigating apostates in the matter of their wills. They may not give a testament, and their goods must be given to kinsmen, preferably Christians. Also, gifts and testaments will be rescinded for those who made sacrifices after becoming Christians. |
|
426 Apr 8 |
CT 16.8.28 | 392 | Theodosius II, Valentinian III | Jewish or Samaritan parents and grandparents may not write their children out of their wills if the children convert to Christianity. If this has already happened, they may inherit some of the slaves freed by their parent or grandparent's will. If the children can be shown to have committed some crime against the parent, they shall still receive 1/4 of their inheritance. |
|
427 May 21 |
CI 1.8.1 | 393 | Theodosius II, Valentinian III |
No one may draw or carve a cross on a millstone, or on the ground,
or on marbles on the ground. If such are found, they are to be
removed. [The alternative year given is 447.] |
|
428 April 21 |
CT 15.8.2 | 394 | Theodosius II, Valentinian III | If a father forces his daughter or a master forces his slave to a life of prostitution, the poor girls are freed from the man, and the man is punished by being sent to work in the mines. Bishops may intercede in such a case. |
|
428 May 30 |
CT 16.5.65 | 395 | Theodosius II, Valentinian III |
Churches taken by heretics from the orthodox are
to be returned to the Catholic Church. If clergy should be created by
heretics, both the cleric and the person who appointed him are to be
fined. Because not all should be punished in like manner, Arians, Macedonians, and Apollinarians, who have incorrect views about Christ, will not be permitted to have any church buildings, while Novatians and Sabbatians may not construct new churches. Eunomians, Valentinians, Montanists, Priscillians, Phrygians, Marcionites, Borborians, Messalians, Euchitans or Enthusiasts, Donatists, Audians, Hydroparastatans, Tascodrogitans, Photinians, Paulianists, Marcellians, and Manichaeans are forbidden to hold public assemblies and prayer. Manichaeans are to be expelled from the cities. Such people are forbidden from all governmental services except that they may be cohortalines in the provinces and military. Previous laws against heretics are upheld. This includes laws which limited their ability to leave or receive an inheritance or to serve in the government. They may not convert or proselytize others, including their own slaves. Any governor who fails to exile someone who has broken these laws will himself suffer the due punishment. |
| 429 | CT 16.8.29 | Theodosius II, Valentinian III | Annual tribute is to be collected from rulers of Jewish synagogues. | |
| 429 | Pitra, 2.556 | 396 | Theodosius II, Valentinian III | Anyone who converts an orthodox Christian from the catholic church to another religion or heretical sect will have his property confiscated and be executed. |
|
430 Nov 19 |
Mansi, vol. 4, 1112-16 | 397 | Theodosius II, Valentinian III | This letter summons commands a council to meet in Ephesus by Pentecost of 431 to resolve the positions held by Nestorius and opposed by Cyril of Alexandria. Neither side is permitted any theological innovation until the council is held. No bishops are permitted to opt out of attendance. |
| 430 | Mansi, vol. 4, 1109-12 | 398 | Theodosius II, Valentinian III | This letter to Cyril of Alexandria accuses him of instigating much of the controversy and of trying to divide the royal family in his letters to Eudocia and Pulcheria, the wife and sister of Theodosius, respectively. But nevertheless, he instructs Cyril to attend the council, and promises that he may regain imperial favor if he will work towards peace. |
|
430 Dec 18 |
Haenel 241 | 399 | Theodosius II, Valentinian III | If someone loses a legal case against a clergyman, he will be fined in accordance with his means. Also, if a guilty man is walking with a priest or bishops, he may not be detained. |
|
431 Mar 23 |
Mansi, vol. 5, 437-45 | 400 | Theodosius II, Valentinian III | When criminals take refuge in a church, none may offer force or violence to apprehend them therein. The porticoes, halls, houses, and other adjacent buildings and rooms are also designated as sanctuary, so that the criminal will not have to defile the altar by fleeing to it. But if a criminal is not willing to lay down his weapons upon entering the sanctuary, armed men will drag him out. Anyone who has tried to drag a criminal out of a sanctuary will be condemned to capital punishment. |
|
431 |
Mansi, vol. 4, 1117-20 | 401 | Theodosius II, Valentinian III | This letter to the Council of Ephesus explains the reason for sending the imperial representative Candidian. He is not there to debate doctrine, but to keep order. He will remove the disruptive monks and laypeople. He will also prevent bishops from leaving early. He will judge any accusations about money or crime. |
|
431 June 22 |
PG vol. 84, 595-96 | 402 | Candidian | Candidian, the imperial representative at the Council of Ephesus, protests Cyril's decision to vote before the Antiochene bishop's arrival. Though he has been ejected from the assembly, he orders Cyril to wait and not do anything until all the bishops, including Nestorius, have arrived. He reminds Cyril that he is going against the wishes of the emperor. |
| 431 | PG vol. 84, 596-97 | 403-404 | Candidian | Now that the first session of the council has been held, he again urges the assembled bishops to wait for the other bishops to arrive and to obey the emperor's instructions. He sends two letters, similar in content. |
|
431 June 29 |
Mansi, vol. 4, 1377-80 | 405 | Theodosius II, Valentinian III | Theodosius instructs the pervious session to have no authority, and instructs the delegates to wait for the Antiochene and re-discuss the issue. He forbids any bishop at Ephesus to leave the city, either to go home or to appeal to the emperor. Another imperial representative is being sent to replace Candidian. |
|
431 |
Mansi, vol. 4, 1396-97 | 406 | Theodosius II, Valentinian III | The emperors approve the depositions of Nestorius, Cyril, and Memnon. The assembled bishops are encouraged to maintain the faith and to return in peace to their native lands. |
|
431 Sept 11 |
PG vol. 84, 625-26, 631-32 | 408-409 | Theodosius II, Valentinian III | Theodosius, having received delegations from both sides at the council, dissolves the council due to the dissentions. In his first letter he commands Cyril and Memnon to remain at Ephesus, but in his second letter he allows them to return to their sees. |
| 431 | PG vol. 84, 618-19 | 410 | Isidore |
Nestorius, who had remained in Ephesus since his deposition on June 22,
is to return to the monastery over which he presided before his election
as bishop of Constantinople. He is to be given imperial assistants
for the journey, and he may choose to either sail or take a road.
He is also being provided with transportation and food, and is prayed a
safe journey. He is commended for his many thousand good
characterists. [Isidore was the praetorian prefect, but this order came from the emperor. Nestorius was exiled to Idumea four years later, and then to the Great Oasis of Upper Egypt. ] |
|
435 Aug 3 |
CT 16.5.66 | 422 | Theodosius II, Valentinian III |
Nestorianism is condemned. Those who follow Nestorius's teaching
are to be called Simonians in the same way that Constantine ordered
Arians to be called Porphyrians. Their books are banned
and shall be burned. Furthermore, their assemblies are forbidden;
violators will have their property confiscated. [Drobner places this law in 438.] |
|
435 Nov 14 |
CT 16.10.25 | 424 | Theodosius II, Valentinian III | Pagan sacrifices are forbidden. Pagan temples and shrines are to be torn down and replaced with the symbol of Christianity: the cross. Anyone who mocks this law faces execution. |
|
452 April 15 |
NV 35 | 478 | Valentinian III |
If there is a dispute between clergy but the
litigants agree themselves, a bishop may serve as judge. This applies
for lay persons also. Both litigants must agree to this. No one may join the clergy to avoid his obligated status, including: farmers, tenant farmers, slaves, municipal senators, receivers of taxes, seviers of guilds, or public slaves. Those from upper classes may either find substitutes or return to their previous positions, those from lower classes must return to their previous position. Clergy may not engage in a trade or conduct business. If they engage in trade, they are not subject to clerical exemptions. |
H. Drobner (The Fathers of the Church: A Comprehensive Introduction, trans. S. Schatzmann, updated by W. Harmless and H. Drobner [Peabody, MA: Hendrickson, 2007] , pp. 187-89) makes a strong case for placing the end of the the "fourth-century" period of church history at the year 430, and we have followed his suggestion, with a few exceptions. For the interested reader, Coleman-Norton lists 174 more laws and letters up to the year 534.
Created by GAD
Last updated 7/10/2008 AJW
Copyright 2006 Wisconsin Lutheran College History Department
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