The Theodosian Code (Book XVI), 326
From The Theodosian Code, trans. by Clyde Pharr (Princeton, New Jersey: The Princeton University Press, 1952), XVI, 440476.)
I, 2. IT IS Our will that all the peoples who are ruled by the administration of Our Clemency shall practice that religion which the divine Peter the Apostle transmitted to the Romans, as the religion which he introduced makes clear even unto this day. It is evident that this is the religion that is followed by the Pontiff Damasus and by Peter, Bishop of Alexandria, a man of apostolic sanctity; that is, according to the apostolic discipline and the evangelic doctrine, we shall believe in the single Deity of the Father, the Son, and the Holy Spirit, under the concept of equal majesty and of the Holy Trinity.
We command that those persons who follow this rule shall embrace the name of Catholic Christians. The rest, however, whom We adjudge demented and insane, shall sustain the infamy of heretical dogmas, their meeting places shall not receive the name of churches, and they shall be smitten first by divine vengeance and secondly by the retribution of Our own initiative, which We shall assume in accordance with the divine judgment (28 February 380).
I, 3. We command that all churches shall immediately be surrendered to those bishops who confess that the Father, the Son, and the Holy Spirit are of one majesty and virtue, of the same glory, and of one splendor; to those bishops who produce no dissonance by unholy distinction, but who affirm the concept of the Trinity by the assertion of three Persons and thr unity of the Divinity. . . . All, he ever, who dissent from the communio' of the faith of those who have been expressly mentioned in this special enumeration shall be expelled from their churches as manifest heretics and hereafter shall be altogether denied the right and power to obtain churches, in order that the priesthood of the true Nicene faith may remain pure, and after the clear regulations of Our law, there shall be no opportunity for malicious subtlety (30 July 381).
I, 4. We bestow the right of assembly upon those persons who believe according to the doctrines which in the times of Constantius of sainted memory were decreed as those that would endure forever, when the priests had been called together from all the Roman world and the faith was set forth at the Council of Ariminum by these very persons who are now known to dissent, a faith which was also confirmed by the Council of Constantinople. The right of voluntary assembly shall also be open to those persons for whom We have so ordered. If those persons who suppose that the right of assembly has been granted to them alone should attempt to provoke any agitation against the regulation of Our Tranquillity, they shall know that, as authors of sedition and as disturbers of the peace of the Church, they shall also pay the penalty of high treason with their life and blood. Punishment shall no less await those persons who may attempt to supplicate Us surreptitiously and secretly, contrary to this Our regulation (23 January 386).
11,1. We have learned that clerics of the Catholic Church are being so harassed by a faction of heretics that they are being burdened by nominations and by service as tax receivers, as public custom demands, contrary to the privileges granted them. It is Our pleasure, therefore, that if Your Gravity should find any person thus harassed, another person shall be chosen as a substitute for him and that henceforward men of the aforesaid religion shall be protected from such outrages (31 October 313 ) .
11,4. Every person shall have the liberty to leave at his death any property that he wishes to the most holy and venerable council of the Catholic Church. Wills shall not become void. There is nothing which is more due to men than that the expression of their last will, after which they can no longer will anything, shall be free, and the power of choice, which does not return again, shall be unhampered (3 July 321).
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II, 5. Whereas We have learned that certain ecclesiastics and others devoting their services to the Catholic sect have been compelled by men of different religions to the performance of lustral sacrifices, We decree by this sanction that, if any person should suppose that those who devote their services to the most sacred law may be forced to the ritual of an alien superstition, he shall be beaten publicly with clubs, provided that his legal status so permits. If, however, the consideration of his honorable rank protects him from such an outrage, he shall sustain the penalty of a very heavy fine, which shall be vindicated to the municipalities (25 May 323).
II, 10. In order that organizations in the service of the churches may be filled with a great multitude of people, tax exemption shall be granted to clerics and their acolytes, and they shall be protected from the exaction of compulsory public services of a menial nature. They shall by no means be subject to the tax payments of tradesmen, since it is manifest that the profits which they collect from stalls and workshops will benefit the poor. We decree also that their men who engage in trade shall be exempt from all tax payments. Likewise, the exaction of services for the maintenance of the supplementary postwagons shall cease. This indulgence We grant to their wives, children, and servants, to males and females equally, for We command that they also shall continue exempt from tax assessments (26 May 353).
II, 12. By a law of Our Clemency We prohibit bishops to be accused in the courts, lest there should be an unrestrained opportunity for fanatical spirits to accuse them, while the accusers assume that they will obtain impunity by the kindness of the bishops. Therefore, if any person should lodge any complaint, such complaint must unquestionably be examined before other bishops, in order that an opportune and suitable hearing may be arranged for the investigation of all concerned (7 October 355).
II, 16. If in any city, town, village, hamlet, or municipality, any person by a vow of the Christian faith should show to all persons the merit of exceptional and extraordinary virtue, he shall enjoy perpetual security. For it is Our will that he shall rejoice and glory always in the faith, since We are aware that Our State is sustained more by religion than by official duties and physical toil and sweat (14 February 361).
II, 23. Whatever is customary in the conduct of civil suits shall likewise be observed in ecclesiastical litigation, so that if there are any matters arising from certain dissensions and slight offenses pertaining to religious observance, they shall be heard in their own places and by the synods of their own diocese, with the exception of those matters which criminal action has established shall be heard by ordinary and extraordinary judges or by the Illustrious authorities (17 May 376).
II, 31. If any person should break forth into such sacrilege that he should invade Catholic churches and should inflict any outrage on the priests and ministers, or on the worship itself and on the place of worship, whatever occurs shall be brought to the notice of the authorities by letters of the municipal senates, magistrates, and curators, and by official reports of the apparitors who are called rural police, so that the names of those who could be recognized may be revealed. Moreover, if the offense is said to have been perpetrated by a multitude, some, if not all, can nevertheless be recognized, and by their confession the names of their accomplices may be disclosed. Thus the governor of the province shall know that the outrage of the priests and ministers of the Catholic Church, to the divine worship, and to the place of worship itself must be punished with a capital sentence against the aforesaid convicted or confessed criminals. The governor shall not wait until the bishop shall demand the avenging of his own injury, since the bishop's sanctity leaves nothing to him except the glory of forgiving. It shall be not only permissible but even laudable for all persons to prosecute as a pu'
crime the atrocious outrages committee against priests and ministers and to exact punishment from such criminals (25 April 398).
II, 41. Clerics must not be accused except before bishops. Therefore, if a bishop, a priest, a deacon, or any person of inferior rank who is a minister of the Christian faith should be accused by any person whatever before the bishops, since he must not be accused elsewhere, that man, whether of lofty honor or of any other dignity, who may undertake such a laudable. type of suit, shall know that he must allege only what may be demonstrated by proofs and supported by documents. If any man, therefore, should lodge unprovable complaints about such persons, he shall understand that by the authority of this sanction he will be subject to the loss of his own reputation, and thus by the loss of his honor and the forfeiture of his status he shall learn that he will not be permitted, for the future at least, to assail with impunity the respect due to another. For, just as it is equitable that bishops, priests, deacons, and all other clerics should be removed from the venerable Church as persons attainted if the allegations against them can be proved, so that they shall be despised thereafter and bowed under the contempt of wretched humiliation and shall not have an action for slander, so it must appear to be an act of similar justice that We have ordered an appropriate punishment for assailed innocence. Bishops, therefore, must hear such cases only under the attestation of many persons and in formal proceedings (11 December 412).
IV, 2. There shall be no opportunity for any man to go out to the public and to argue about religion or to discuss it or to give any counsel. If any person hereafter, with flagrant and damnable audacity, should suppose that he may contravene any law of this kind or if he should dare to persist in his action of ruinous obstinacy, he shall be restrained with a due penalty and proper punishment (16 June 388).
V, I. The privileges that have been granted in consideration of religion must benefit only the adherents of the Catholic faith. It is Our will, moreover, that heretics and schismatics shall not only be alien from these privileges but shall also be bound and subjected to various compulsory public services ( 1 September 326).
V, 5. All heresies are forbidden by both divine and imperial laws and shall forever cease. If any profane man by his punishable teachings should weaken the concept of God, he shall have the right to know such noxious doctrines only for himself but shall not reveal them to others to their hurt (20 August 379 ).
V, 11. All persons whatsoever who are tossed about by the false doctrine of diverse heresies, namely, the Eunomians, the Arians, the Macedonians, the Pneumatomachi, the Manichaeans, the Encratites, the Apotactites, the Saccophori, and the Hydroparastatae,
shall not assemble in any groups, shall not collect any multitude, shall not attract any people to themselves, shall not show any walls of private houses after the likeness of churches, and shall practice nothing publicly or privately which may be detrimental to the Catholic sanctity. Furthermore, if there should exist any person who transgresses what has been so evidently forbidden, he shall be expelled by the common agreement of all good men, and the opportunity to expel him shall be granted to all who delight in the cult and the beauty of the correct observance of religion (25 July 383).
V, 41. Although it is customary for crimes to be expiated by punishment, it is Our will, nevertheless, to correct the depraved desires of men by an admonition to repentance. Therefore, if any heretics, whether they are Donatists or Manichaeans or of any other depraved belief and sect who have congregated for profane rites, should embrace, by a simple confession, the Catholic faith and rites, which We wish to be observed by all men, even though such heretics have nourished a deep-rooted evil by long and continued meditation, to such an extent that they also seem to be subject to the laws formerly issued, nevertheless, as soon as they have confessed God by a simple expression of belief, We decree that they shall be absolved from all guilt (15 November 407).
VI, 1. We judge to he unworthy of the priesthood that bishop who repeats the sanctity of baptism by unlawful usurpation and, against the teachings of all, contaminates this act of grace by repetition (20 February 373).
VII, 4. If any persons should betray the holy faith and should profane holy baptism, they shall be segregated from the community of all men, shall be disqualified from giving testimony, and, as We have previously ordained,
they shall not have testamentary capacity; they shall inherit from no person, and by no person shall they be designated as heir's. We should also have ordered them to be expelled and removed to a distance if it had not appeared to be a greater punishment to dwell among men and to lack the approval of men. 1. But never shall they return to their former status; the disgracefulness of their conduct shall not be expiated by penitence nor concealed by the shadow of any carefully devised defense or protection, since fiction and fabrication cannot protect those persons who have polluted the faith which they had vowed to God, who have betrayed the divine mystery and have gone over to profane doctrines. Help is extended to those persons who have slipped and to those who go astray, but those who are lost, that is, those who profane holy baptism, shall not be aided by any expiation through penitence, which customarily avails in other crimes (11 May 391).
VIII, 1. It is Our will that Jews and their elders and patriarchs shall be informed that if, after the issuance of this law, any of them should dare to attempt to assail with stones or with any other kind of madness—a thing which We have learned is now being done—any person who has fled their feral sect and has resorted to the worship of God, such assailant shall be immediately delivered to the flames and burned, with all his accomplices.
1. Moreover, if any person from the people should betake himself to their nefarious sect and should join their assemblies, he shall sustain with them the deserved punishments (18 October 315).
VIII, 2. If any persons with complete devotion should dedicate themselves to the synagogues of the Jews as patriarchs and priests and should
live in the aforementioned sect and preside over the administration of their law, they shall continue to be exempt from all compulsory public services that are incumbent on persons, as well as those that are due to the municipalities. Likewise, such persons who are now perchance decurions shall not be assigned to any duties as official escorts, since such men shall not be compelled for any reason to depart from those places in which they are. Moreover, such persons who are not decurions shall enjoy perpetual exemption from the decurionate (29 November 330).
VIII, 9. It is sufficiently established that the sect of the Jews is forbidden by no law. Hence We are gravely disturbed that their assemblies have been forbidden in certain places. Your Sublime Magnitude will, therefore, after receiving this order, restrain with proper severity the excesses of those persons who, in the name of the Christian religion, presume to commit certain unlawful acts and attempt to destroy and to despoil the synagogues (29 September 393).
VIII, 18. The governors of the provinces shall prohibit the Jews, in a certain ceremony of their festival Haman in commemoration of some former punishment, from setting fire to and burning a simulated appearance of the holy cross, in contempt of the Christian faith and with sacrilegious mind, lest they associate the sign of Our faith with their places. They shall maintain their own rites without contempt of the Christian law, and they shall unquestionably lose all privileges that have been permitted them heretofore unless they refrain from unlawful acts (29 May 408).
VIII, 20. If it should appear that any places are frequented by conventides of the Jews and are called by the
name of synagogues, no one shall dare to violate or to occupy and retain such places, since all persons must retain their own property in undisturbed right, without any claim of religion or worship.
Moreover, since indeed ancient custom and practice have preserved for the aforesaid Jewish people the consecrated day of the Sabbath, We also decree that it shall be forbidden that any man of the aforesaid faith should be constrained by any summons on that day, under the pretext of public or private business, since all the remaining time appears sufficient to satisfy the public laws, and since it is
most worthy of the moderation of Our time that the privileges granted should not be violated, although sufficient provision appears to have been made with reference to the aforesaid matter by general constitutions of earlier Emperors (26 July 412).
X, 2. Superstition shall cease; the madness of sacrifices shall be abolished. For if any man in violation of the law of the sainted Emperor, Our father, and in violation of this command of Our Clemency, should dare to perform sacrifices, he shall suffer the infliction of a suitable punishment and the effect of an immediate sentence (341).