Fourth Century Christianity Imperial Laws and Letters Involving Religion AD, 364-395 PDF

12/24/2018 Fourth Century Christianity » Imperial Laws and Letters Involving Religion AD, 364-395
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(1521)
Imperial Laws and Letters Involving Religion AD, 364-395
Back to Imperial Laws and Letters
AD 313-364 (Constantine – Jovian)
AD 395-431 (Arcadius and Honorius – Council of Ephesus and aftermath)
Ancient C-N
Date Emperor(s) Summary of document
Source #
364
Anyone who rapes or even proposes to a pledged virgin or widow
Feb CT 9.25.2 126 Jovian
in the church will suffer capital punishment.
19
364 Valentinian
All tradesmen are required to pay the tradesmen’s tax, and this
Apr CT 13.1.5 127 I,
includes Christian clergy
17 Valens
364 Valentinian
Tradesmen should use some of their excess money to aid
Apr CI 1.4.1 128 I,
Christians, paupers, and the needy.
17 Valens
364 Valentinian
No person shall perform divinations or sacrifices to demons during
Sept CT 9.16.7 – I,
the night hours.
9 Valens
364 Valentinian
The wealthy shall not be allowed to become clergy (literally “shall
Sept CT 16.2.17 129 I,
not be received by the church” ).
10 Valens
364 Valentinian Any member of the curial class who becomes a clergyman must
Sept CT 12.1.59 130 I, give his property to either a relative or the state, so that the state
12 Valen will not be deprived of his wealth.
Valentinian allows a group of bishops to convene at Lampsacus,
Sozomen Valentinian
364 131 and refuses to get involved in the controversy, citing his status as a
H.e. 6.7 I
layman.
365 Valentinian
Jan CT 9.40.8 132 I, A guilty Christian cannot be sentenced to the arena.
15 Valens
365 Valentinian No one may leave the bread-making profession to become a
Sept CT 14.3.11 133 I, Christian clergyman. Anyone found to have done such must return
27 Valens to his profession.
365 CT 16.1.1 134 Valentinian No Christian shall have to serve in a pagan temple; the judge who
Nov I, makes such an appointment will be executed and his property
https://www.fourthcentury.com/imperial-laws-364/ 1/14
17 Valens confiscated.
Valentinian
367 Prisoners are to be released from prison to celebrate Easter. The
I,
May CT 9.38.3 135 exceptions are those who have committed treason, necromancy,
Valens,
3 poisoning, magic, adultery, rape, and murder.
Gratian
Ambrose quotes an earlier law allegedly from Valentinian I, which
367 Ambrose, Valentinian
136 stated that ecclesiastics ought to judge in matters of faith and other
? Ep. 21 I
church business. [compare to Sozomen’s record of 364 above.]
In Rome, Ursinus and his followers, who had been deported in 366,
Collectio Valentinian
are allowed to return, but will be deported if they riot again.
Avellana, I,
367 137 [At the death of Liberius, Damasus was elected the new pope, but a
CSEL 35, p. Valens,
group of Christians supported Ursinus and there were violent
48 Gratian
clashes between the two.]
Since Ursinus has been exiled, the last remaining church of his
supporters should be put under the control of Damasus, as
367 Avellana, I,
138 Damasus’s supporters requested.
? CSEL 35, p. Valens,
[Ursinus was exiled to Gaul shortly after his return to Rome. The
49 Gratian
year is approximate, and may have been 368]
Collectio Valentinian The request of the Roman prefect is granted and followers of
368
Avellana, I, Ursinus are expelled from Rome. But they are to be considered
Jan 140
CSEL 35, p. Valens, sojourners, not exiles, and may settle wherever they choose,
12
49 Gratian practicing religion as they have in Rome.
The previous law is emended, in accord with the request of the
Avellana, 142- I,
368 Roman prefect. The followers of Ursinus may not settle or worship
CSEL 35, p. 143 Valens,
within 20 miles of the city of Rome.
50-51 Gratian
368
Valentinian No Christian may be summoned to court for tax purposes on a
?
CT 8.8.1 144 I, Sunday.
Apr
Valens, [The date is not given and could have been between 368 and 373.]
21
Valentinian
368 Prisoners are to be released from prison to celebrate Easter. The
I,
June CT 9.38.4 145 exceptions are those who have committed treason, poisoning,
Valens,
6 magic, adultery, rape, and murder.
Gratian
Valentinian
369 A bishop, Chronopius, had attempted to appeal an unappealable
I,
July CT 11.36.20 146 case, and for this he is to be fined, and the money given to the poor.
Valens,
8 [This person of Chronopius and the exact situation are obscure.]
Gratian
Members of the upper classes may not abandon their public
370 responsibilities by becoming monks. If they are found hiding in
Valentinian
? Egypt or elsewhere in the East, they are to be brought back to their
CT 12.1.63 147 I,
Jan original homes. Alternatively, all their property must be given to
Valens
1 someone who will fulfill their compulsory public services.
[The alternate date is 373.]
370 Valentinian
Laws formerly enacted against Christians under Julian shall have
Feb CT 16.2.18 148 I,
no validity, and policies of the late Constantius are to be upheld.
17 Valens
Valentinian No widow or minor should be taxed the tax of the people. Women
370
I, who have dedicated themselves to perpetual service of Christianity
Mar CT 13.10.6 149
Valens, are also exempt from this tax.
30
Gratian [The tax of the people could have been the poll tax.]
370 CT 16.2.20 150 Valentinian Clergy, former-clergy, and celibates shall not be allowed to visit
July I, widows or female wards if the women’s relatives are suspicious of

30 Valens 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.
Men born as decurions who enter the clergy shall be exempt from
370 Valentinian
being recalled to their Senatorial services after 10 years in the
Oct CT 16.2.19 151 I,
clergy. If they are called upon before they have been in the clergy
17 Valens
for 10 years, they are obligated to return and carry out their duties.
152 Eight followers of Ursinus are expelled from the city of
370 Avellana, I,
– Rome. [The date is approximate and may have been anywhere
? CSEL 35, p. Valens,
153 between 370 and 372.]
52-54 Gratian
If an actor or actress has been near death and was allowed to
Valentinian
371 receive the sacraments, but then recovered, he or she may not be
I,
Feb CT 15.7.1 154 recalled to serve in the theater. Priests should make sure that
Valens,
11 actors/actresses seeking the sacraments are truly in danger of death
Gratian
and seeking salvation before administering the sacraments.
Those who have continuously served the church since before the
371 Valentinian
reign of the current emperors will remain exempt from service in
May CT 16.2.21 155 I,
municipal councils. Those who joined the clergy during the reign
17 Valens
of the present emperors are not exempt.
Valentinian
371 Divination has no connection with cases of magic. It is, therefore,
I,
May CT 9.16.9 – allowable as long as it is not practiced “harmfully.” [Pharr
Valens,
19 suggests a date of May 19 instead of May 29.]
Gratian
Valentinian Trials of persons of the Senatorial order for practicing magic may
371
I, be entrusted to the prefect of the city; however, if a judgment
Dec CT 9.16.10 –
Valens, cannot be ascertained, then the trial should be transferred to the
6
Gratian imperial court.
372 Valentinian Manichaeans and similar groups may not assemble. Their teachers
Mar CT 16.5.3 156 I, will be punished, their followers segregated, and their places of
2 Valens gathering confiscated.
Valentinian
372
I, Statute 16.2.20 (from 370) applies to bishops, virgins, and others in
Dec CT 16.2.22 157
Valens, service of the church.
1
Gratian
373 Valentinian
Teaching or learning astrology is a crime worthy of death. [The
Dec CT 9.16.8 – I,
year listed is 370; however, Pharr suggests 373.]
12 Valens
All church leaders are judged unworthy of the priesthood who by
usurpation repeat baptism, contaminating an act of grace by its
373 Valentinian
repetition.
Feb CT 16.6.1 158 I,
[This was addressed to the proconsul of Africa, and may have been
20 Valens
an attempt to undo the favors Julian showed the Donatists, see
Coleman-Norton #120 above.]
Valentinian writes to bishops of eastern provinces, informing them
that the Council in Illyricum ruled in favor of homoousios and the
Valentinian
Nicene Creed. He commands that this be preached and its
Theodoret, I,
375 159 preachers be protected from harm (though Arians are not required
H.e. 4.8 Valens,
to unite with or submit to its preachers). He rebukes the Arians for
Gratian
their behavior and treatment of the Nicenes. He appends the Creed
of the recent council.
Valens,
376 Disagreements over religious matters shall be addressed by church
Gratian,
May CT 16.2.23 161 authorities. But if a criminal allegation is made, the case shall be
Valentinian
17 brought before a secular judge.
II
Valens,
377
Gratian, Priests, deacons, exorcists, lectors, and other church ministers are
Mar CT 16.2.24 162
Valentinian exempt from compulsory public service of a personal character.
5
II
Valens, Any who teaches a second baptism is to desist and be restored to
377
Gratian, the catholic Church. The uncorrupted faith of the Evangelists and
Oct CT 16.6.2 163
Valentinian Apostles must be preserved. Furthermore, properties where re-
17
II baptizers or other expelled persons gather are to be confiscated.
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.
378 Valens, [The date given is 376, but there are some problems with the date;
? Gratian, Pharr prefers 378, and Coleman-Norton prefers 380 assuming
CT 16.5.4 160
Apr Valentinian Ambrose was behind this legislation. But sent to Rome and given
22 II 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.]
After giving a long list of men who had been expelled for
Collectio
378 Gratian, disturbing the church, Gratian orders this governmental official
Avellana,
– 164 Valentinian (vicar) of Rome to expel those who are disturbing Damasus. In
CSEL 35, p.
379 II, regard to the judgment of bishops, he makes the bishop of Rome
52-54
the final ecclesiastical court for in the West.
Gratian,
379 Valentinian
Bishops whose profit is below a certain amount are exempt from
July CT 13.1.11 165 II,
merchants’ taxes.
5 Theodosius
I
All heresies are forbidden. One may hold to heretical teachings in
Gratian,
his own mind but is forbidden to teach them to others, especially
379 Valentinian
the teaching of re-baptism. Assemblies of those who hold to re-
Aug CT 16.5.5 166 II,
baptism are forbidden, and none may teach this doctrine.
3 Theodosius
[A recent, non-extant rescript from Sirmium, which seems to have
I
been more tolerant, is annulled by this decree.]
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
Gratian,
Trinity, as taught by St. Peter to the Romans, and now taught by
380 Valentinian
Damasus of Rome and Peter of Alexandria. Only those following
Feb CT 16.1.2 167 II,
this rule shall be called “catholic Christians.”
28 Theodosius
Meeting places of those who follow another religion (including
I
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.
Gratian,
380 Valentinian Acts against the Divine Law are considered a sacrilege [A
Feb CT 16.2.25 168 II, sacrilege was not exclusively a religious crime. See Coleman-
28 Theodosius Norton, p. 356-59, for a discussion of the term.]
I
380 CT 9.35.4 169 Gratian, Criminal trials are suspended during the 40 days prior to Easter.
Mar Valentinian
27 II,
Theodosius
I
Gratian,
Women born to the lower class and obligated to serve the theaters
380 Valentinian
must be assigned to dramatic services. However, if they become
Apr CT 15.7.4 170 II,
Christians, they are exempt from this rule. They will then remain
24 Theodosius
free of the prejudices against those who work in the theater.
I
Valentinian
380 In celebration of Easter, clemency is granted to the imprisoned.
II,
or CS 7 171 This does not include those who have committed treason, murder,
Theodosius
381 adultery, rape, or have practiced magic.
I, Arcadius
Ambrose, Valentinian
At the advice of Ambrose, Gratian cancels a large council intended
380- Gesta II,
172 to deal with two Arian bishops, and instead summons a smaller
381 concili Theodosius
regional council at Aquileia.
Aquileiensis. I, Arcadius
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
Gratian,
term ousia is established. Catholic churches throughout the empire
381 Valentinian
are to be returned to orthodox bishops. Heretics are to be driven
Jan CT 16.5.6 173 II,
out of the churches and the cities. The property rights of
10 Theodosius
Manichaeans are revoked, and property inherited from a
I
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.]
Gratian,
381 Valentinian
Mar CT 16.2.26 174 II, Guardians of churches and holy sites are tax exempt.
31 Theodosius
I
Gratian,
381 Valentinian
Christians who have converted to paganism shall not be allowed to
May CT 16.7.1 175 II,
make a will, and any will made by such a person is invalidated.
2 Theodosius
I
Gratian, Manichaeans may not inherit property or leave it to others through
381 Valentinian wills, and any property inherited from a Manichaean is to be
May CT 16.5.7 176 II, confiscated. The only exception is the child of a Manichaean who
8 Theodosius converts to the Catholic faith. Also, Manichaean assemblies and
I sacraments are prohibited.
Gratian,
Actresses are allowed to leave their vocation for religious reasons,
381 Valentinian
but if they are found unchaste or unfaithful after their abandonment
May CT 15.7.8 177 II,
of theatre, they must return to the stage and will not again be
8 Theodosius
allowed to leave their vocation.
I
381 CT 11.39.8 178 Gratian, Clergy are exempt from serving as witnesses in legal cases.
June Valentinian
29 II,
Theodosius
I
Gratian,
381 Valentinian It is forbidden for Arians, Eunomians, or followers of Aetius to
July CT 16.5.8 179 II, build churches. If any such churches are built, they will be
19 Theodosius confiscated.
I
Gratian,
381 Valentinian Prisoners are to be released on Easter. Exceptions include those
July CT 9.38.6 180 II, who have committed treason, murder, adultery, rape, incest,
21 Theodosius poison-making, or counterfeiting, or repeat offenders.
I
Gratian,
381 Valentinian
No one may be buried within the city of Constantinople, and
July CT 9.17.6 181 II,
violators will be fined a third of their property and wealth.
30 Theodosius
I
Gratian, All bishops and priests who do not confess the proper relations of
381 Valentinian the Trinity and therefore are not in communion with the designated
July CT 16.1.3 182 II, bishops (Nectarius of Constantinople, Timothy of Alexandria, and
30 Theodosius 10 others) are to hand over their congregations to the local catholic
I bishop and to be forbidden from holding any church office.
Gratian,
381 Valentinian Christian actresses may leave the theater and are free from the
Aug CT 15.7.9 183 II, prejudice associated with the theater, but other actress who leave
28 Theodosius the theater must return.
I
Gratian,
381 Valentinian
Those who make pagan sacrifices or prayers will be penalized with
Dec CT 16.10.7 184 II,
the loss of property.
21 Theodosius
I
Upon death, Manichaeans must will their property to their
Gratian, Christian family members rather than to their fellow Manichaeans.
382 Valentinian Secret assemblies are also forbidden. Special courts will be
May CT 16.5.9 185 II, provided to hear accusations against Manichaeans, Encratitans,
31 Theodosius Saccoforians, and Hydroparastantans. Anyone who does not
I worship in the catholic church on Easter will be suspected of these
heresies.
Gratian,
382 Valentinian The temple is to remain open to the public, who may look at the art
Nov CT 16.10.8 – II, and hold festivals, but all pagan sacrifices there are
30 Theodosius forbidden. [Pharr thinks that this is the temple of Edessa.]
I
Gratian,
382 Valentinian The long-standing custom of granting the clergy immunity from
Dec CT 11.16.15 186 II, menial public service is upheld (in addition to other classes of
9 Theodosius people).
I
383 CT 12.1.99 188 Gratian, Anyone religious leader – Jew or Christian – who is exempted
Apr Valentinian from compulsory public service must find another person to fulfill
18 II, the obligations in his place.
Theodosius
I
Gratian, A clarification of the law from May 2 of 381 above. Confirmed
383 Valentinian Christians who have turned to paganism may not issue a testament
May CT 16.7.2 189 II, (will) to anyone. Christian catechumens may not will their
20 Theodosius possessions to anyone other than their natural heirs: children or
I brothers. The same applies to those receiving property under a will.
A clarification of the immediately preceding law. Christians who
convert to paganism, Judaism, or another religion lose the right of
Gratian,
making a will. If a Manichaean should go underground and hold
383 Valentinian
secret meetings, he is subjected to the law and must leave his
May CT 16.7.3 190 II,
goods to relatives or the government. Manichaean leaders are to
21 Theodosius
receive harsher punishments. Additionally, Saccophori and
I
Encratites are to be punished when convicted. A time limit is set in
which accusations against the deceased may be placed.
Gratian,
383 Valentinian Homes of the Tascodrogitae (a heretical group) are protected.
Jun CT 16.5.10 191 II, However, if they attempt to convene at a church, they shall be
10 Theodosius driven away.
I
Right of assembly is denied to Arians, the Macedonians,
Gratian,
Pneumatomachi, Manichaeans, Apotactites, Saccophori, Encratites,
383 Valentinian
and the Hydroparastatae. They may not own church buildings or
July CT 16.5.11 192 II,
large clusters of homes which could serve as a church. They may
25 Theodosius
not gather publically or privately. Any who break this law will be
I
banished.
Gratian,
383 Valentinian
Municipal senators must surrender their property if they wish to
Nov CT 12.1.104 193 II,
leave their senatorial position to serve the church.
7 Theodosius
I
Gratian,
Arians, Macedonians, Apollinarians, and other groups outside the
383 Valentinian
Church are not allowed to gather congregations, construct
Dec CT 16.5.12 194 II,
churches, or celebrate their rites in either urban or rural areas.
3 Theodosius
Local officials are responsible for enforcement of this law.
I
Theodosius has received a petition from persecuted Luciferians. He
recognizes and approves of their devotion to the Nicene faith, but
Collectio
encourages them that nothing should be added to the faith,
Avellana Theodosius
383 195 implying they need to recognize catholic Christians who were
CSEL 35, I
formerly Arians.
p. 45-46
[The Luciferians were a group of Nicene Christians who refused to
recognize former Arians as catholic Christians.]
Gratian,
384 Valentinian
Eunomian, Macedonian, Arian, and Apollinarian priests are forced
Jan CT 16.5.13 196 II,
out of Constantinople.
21 Theodosius
I
Valentinian Specifically for the situation in Egypt: he reasserts that the church
384
II, has jurisdiction over the members of the clergy, that they cannot be
Feb CS 3 197
Theodosius forced to appear in a secular court, and that the patriarch of
4
I, Arcadius Alexandria is the leader of the Egyptian church.
384 CT 9.38.7 198 Gratian, Prisoners are to be released from prison on Easter, excepting those
Mar Valentinian who are guilty of treason, murder, poison, magic, adultery, rape,
22 II, robbery, grave robbery, and counterfeiting.
Theodosius
I
Valentinian
384
II, The gifts given at public games (i.e., the prizes given to the
July CT 15.9.1 –
Theodosius winners) are restricted, and smaller prizes are encouraged.
25
I, Arcadius
Gratian,
384 Valentinian Jews are forbidden from buying or owning Christian slaves, and
Sept CT 3.1.5 199 II, such must be taken away sold to Christians. If a Jewish master
22 Theodosius converts a Christian to Judaism, he will be punished.
I
Collectio Valentinian A congratulatory and confirmatory letter to Bishop Siricius of
385
Avellana II, Rome on his ordination. This is significant because at that time
Feb 200
CSEL 35 Theodosius Ursinus, deacon of the earlier pope Liberius, claimed to be the true
24
p. 47-48 I, Arcadius pope.
Gratian,
385 Valentinian Prisoners should be released on Easter, excepting those who have
Feb CT 9.38.8 201 II, committed sacrilegious activities, adultery, incest, rape, poisoning,
25 Theodosius magic, counterfeiting, grave-robbing, robbing, murder, or treason.
I
Valentinian
385
II, Clergy are not exempt from the requirements to give their property
Apr CT 8.5.46 202
Theodosius to the public post.
9
I, Arcadius
Gratian,
385 Valentinian Divining the future by means of examining the livers and entrails
May CT 16.10.9 – II, of sacrifices is forbidden; violators will be severely punished with
25 Theodosius torture.
I
Collectio Maximus
In a letter, Maximus defends his execution of a group of Priscillian
Avellana (imperial
385 203 heretics, against the pope’s objection. He avows his allegiance to
CSEL 35 usurper in
the catholic faith.
p. 90-91 Gaul)
Gratian,
385 Valentinian
Priests are exempted from torture if they are to give testimony in
July CT 11.39.10 204 II,
court, but lower clergy are not.
25 Theodosius
I
Valentinian People who believe in the doctrines of the Council of Rimini
386
II, (Ariminum) but also confirm the faith of the Council of
Jan CT 16.1.4 205
Theodosius Constantinople are granted the right of assembly. However, if they
23
I, Arcadius disturb the peace they may be punished.
Valentinian
386 Those from dissident sects who assemble or instigate
II,
Jan CT 16.4.1 – demonstrations against the emperor, disturbing the peace of the
Theodosius
23 church, are guilty of treason and face capital punishment.
I, Arcadius
Valentinian
386 No one may transfer body parts from place to place. No one may
II,
Feb CT 9.17.7 206 sell or buy parts of martyrs. But if a martyr is buried somewhere,
Theodosius
26 one may build a shrine as a spot for veneration.
I, Arcadius
386 CS 8 207 Valentinian This year the emperor hopes to be especially clement. On Easter,
Apr II, all persons in prison or exile may be freed, including those working
22 Theodosius in the mines. Those who have committed the following crimes are
I, Arcadius excluded: treason, adultery, rape, poisoning, magicians,
counterfeiting, astrology, and homicide.
Gratian,
386 Valentinian
Local rulers should choose high priests for the pagan temples from
June CT 12.1.112 208 II,
those who have not been converted to Christianity.
16 Theodosius
I
Gratian,
All court actions, legal disputes, and debt collection is suspended
386 Valentinian
on Sunday. Those who skip the holy ritual on Sunday are to be
Nov CT 2.8.18 209 II,
regarded as sacrilegious.
3 Theodosius
[posted on Nov 3, accepted Nov 24]
I
Gratian,
If someone serving as a municipal senator wants to serve the
386 Valentinian
church, he must first find a replacement, and ensure that the
Dec CT 12.1.115 210 II,
replacement has enough money and property to carry out the
31 Theodosius
responsibilities (by giving from his own estate if necessary).
I
Sallust, the Roman prefect, is instructed about the construction of
Avellana II,
386 211 the Basilica of St. Paul, and told to send an estimated cost to the
CSEL 35 Theodosius
emperor.
p. 46-47 I, Arcadius
Valentinian
387 Any lands which were illegally taken from the church are to be at
II,
July CI 7.38.2 212 least restored, without cost, no matter how long ago they were
Theodosius
3 taken.
I, Arcadius
Gratian, Apollinarians and other heretics are barred from coming into
388 Valentinian walled cities, from joining society or holy persons. They cannot
Mar CT 16.5.14 213 II, ordain clergy or convene congregations. They should dwell in the
10 Theodosius most secluded places possible. They are denied access to the
I emperors.
Valentinian
388
II, Jews and Christians are forbidden to intermarry. If they break this
Mar CT 3.7.2 214
Theodosius law, the crime will be considered adultery.
14
I, Arcadius
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
Gratian,
sects are denied right of assembly, are forbidden to have even
388 Valentinian
secret meetings, and may not erect altars. The emperor appoints
June CT 16.5.15 215 II,
officers to identify and prosecute such persons.
14 Theodosius
[The previous law of Jan. 23, 386, was originally instigated by
I
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.]
Valentinian
388
II,
June CT 16.4.2 216 No public discussions or debates about religion may be held.
Theodosius
16
I, Arcadius
388 CT 16.5.16 217 Gratian, Though previous laws allowed for Arians to continue their
Aug Valentinian gatherings and churches, those laws have been rescinded. Arians
9 II, may not use those laws in their defense, but must cease their
Theodosius assemblies.
I [Pharr notes that Theodosius was not at Constantinople in 388,
thus the law must have been promulgated in 387.]
Valentinian Eunomian eunuchs may not inherit or leave goods or property by
389
II, means of a will. This law applies to all previous wills, and so
May CT 16.5.17 218
Theodosius property inherited from a Eunomian may be confiscated.
4
I, Arcadius [This law is repealed 5 years later]
Valentinian
389
II, Manichaeans are to be expelled from Rome and banished from the
June CT 16.5.18 219
Theodosius empire. Their property is to be confiscated, and their wills are void.
17
I, Arcadius
Various days are designated holidays, among them being all
Sundays and the 7 days before and after Easter. Other days include
Valentinian harvest days, days of excessive heat, January 1, founding days of
389
II, Rome and Constantinople, the emperors’ birthdays and
Aug CT 2.8.19 220
Theodosius anniversaries of their reigns.
7
I, Arcadius [The interpretation of the law adds Christmas and Epiphany, and
explains that no legal matters can be conducted or debts collected
on Sunday.]
If a man suspects someone of the crime of magic, he is to turn him
Valentinian
389 over for public judgment. Carrying out sentence against such a one
II,
Aug CT 9.16.11 – immediately is expressly forbidden because of the suspicion it
Theodosius
16 arouses. Magic is a crime against the public, and the public has the
I, Arcadius
right to try such cases.
Valentinian
389
II,
Sept CT 9.35.5 221 No corporal punishment may be given during Lent.
Theodosius
6
I, Arcadius
Leaders of heretical sects who are found to hold office in the
Valentinian
389 catholic church are to be expelled from their meeting places as
II,
Nov CT 16.5.19 222 soon as they are detected in or around the city.
Theodosius
26 [The addressee was based in Constantinople, to which the law
I, Arcadius
must be referring.]
Valentinian
390 If anyone, led by inspiration of Divine Power, should find a
II,
Mar CT 10.18.3 223 treasure, he is free to keep it without taxation.
Theodosius
2 [Previously, he had to give half of what he found to the state.]
I, Arcadius
Valentinian Any municipal senator who began service in the church before 388
390
II, may keep his patrimony, exempt from obligation, but anyone who
June CT 12.1.121 224
Theodosius left his position in the Senate after 388 must still fulfill his
17
I, Arcadius senatorial obligations by surrendering his patrimony.
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
Valentinian church or member of the clergy, but must leave it for her surviving
390
II, relatives.
June CT 16.2.27 225
Theodosius 2. Nothing may be transferred from a dying woman to a member of
21
I, Arcadius 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 CT 16.2.28 227 Valentinian Repeals portions of the previously mentioned law, allowing
Aug II, widows to leave their estates to the church or to individual

23 Theodosius clergymen.
I, Arcadius
Valentinian Monks are to live in the desert or otherwise uninhabited place
390
II, where they may find solitude.
Sept CT 16.3.1 228
Theodosius [Monks were prone to exacerbate theological disputes and even
2
I, Arcadius cause riots. This law was repealed two years later.]
Valentinian
390
II,
Sept CT 12.1.122 229 For a curial family to leave the decurionate is considered a sin.
Theodosius
2
I, Arcadius
Valentinian
391 Pagan sacrifice, worship of pagan idols, and worship in pagan
II,
Feb CT 16.10.10 – temples is forbidden. Prosecutors of rank will be fined, but higher
Theodosius
24 officials will pay a smaller amount than lower ranking officials.
I, Arcadius
Profaners of baptism must live in segregation and may not give
391
testimony, grant testaments, or inherit property. They would be
May Valentinian
exiled as well, except that living among others with reduced status
11 II,
CT 16.7.4 230 is considered greater punishment. They may never regain their
or Theodosius
previous status, even through repentance.
June I, Arcadius
[Profaners of baptism is probably a reference to re-baptizers or
9
those who baptize without using the correct formula.]
391
May Valentinian
11 II, Persons with inherited rank or status who abandon Christianity
CT 16.7.5 231
or Theodosius shall loose their position and be branded with infamy.
June I, Arcadius
9
Valentinian
391
II, Heretics are to be driven from cities, villages, and communities.
May CT 16.5.20 232
Theodosius They are not able to hold public meetings or secret gatherings.
19
I, Arcadius
Valentinian No person shall enter the pagan temples, perform sacrifices, or
391
II, revere pagan shrines. Even judges are subject to this law; if they
June CT 16.10.11 –
Theodosius violate it, they will be fined. Their staff will also be fined unless
16
I, Arcadius they opposed him.
Valentinian A member of the curia who wants to change rank and take an
391
II, ecclesiastical position has many restrictions. He must see to it that
July CT 12.1.123 233
Theodosius his public expectations are fulfilled or he cannot leave his
28
I, Arcadius senatorial position.
Valentinian Those who have been condemned as criminals may not be assisted
392
II, by the church in escaping their sentences, by either appeal or
Mar CT 9.40.15 234
Theodosius abduction. Anyone who violates this law will face a large fine.
13
I, Arcadius [this and the following law are aimed to reduce judicial appeals.]
Theodosius
392
I, No one, and clergy are singled out, is allowed to encourage a
Apr CT 11.36.31 235
Arcadius, sentenced criminal to appeal or to intervene on his behalf.
9
Honorius
Valentinian
392 Contests in the circuses may not occur on Sunday, so as not to
II,
Apr CT 2.8.20 236 cause a distraction. An exception is made if the emperor’s birthday
Theodosius
17 falls on a Sunday.
I, Arcadius
392 CT 16.3.2 237 Valentinian Monks who have left towns shall be allowed to return. Repeals a
Apr II, prior law of Sept. 2, 380.
17 Theodosius
I, Arcadius
Certain Jews have been excluded by their own leaders but have
Theodosius
392 been returned to the Jewish community by secular judges. The law
I,
Apr CT 16.8.8 – commands judges to end this practice. No Jew who has been
Arcadius,
17 expelled from the community can be forced back in. Jewish leaders
Honorius
can administrate their religious law.
Governors are forbidden to hold theatrical plays or races or hunts
in the circus except on their birthday and the anniversary of their
Theodosius
392 succession. They may not give golden awards to the winners.
I,
May CT 15.5.2 243 These events should not take place on Sunday and should not
Arcadius,
20 disturb divine worship. [Rufinus was in the position mentioned
Honorius
from 392-395, so the date given in the Code, 386, has been
emended. Otherwise the addressee would need to be emended.]
Valentinian
392 Part of the law from Aug. 7, 389 is repeated, that no legal
II,
May CT 2.8.21 238 transactions, public or private, may take place in the 1 week before
Theodosius
27 or 1 week after, or on Easter.
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
Valentinian knowledge, he may be fined or beaten and deported, depending on
392
II, his income. If it occurred in a public place, the procurator is to be
June CT 16.5.21 239
Theodosius fined.
15
I, Arcadius [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.]
Valentinian
392
II,
July CT 16.4.3 240 Anyone who “should disturb the catholic faith” is to be deported.
Theodosius
18
I, Arcadius
Theodosius
392 If a debtor to the state takes refuge in a church, he must be dragged
I,
Oct CT 9.45.1 241 from the church building or else the priest must pay his debt.
Arcadius,
18 Clergy should not try to protect debtors from their debts.
Honorius
No person of any class may sacrifice to an image. Even a sacrifice
Theodosius
392 that does not reference the Emperor is not exempt; sacrifices that
I,
Nov CT 16.10.12 242 seek to know about life, death, or other forbidden matters violate
Arcadius,
8 natural law. Veneration of images with incense is banned. Judges
Honorius
must enforce this law, if not, they will be fined.
Theodosius
393 The Jewish sect is protected by law. No synagogues shall be
I,
Sept CT 16.8.9 244 despoiled, and no regulation may be passed to ban Judaism, even
Arcadius,
29 in the name of Christianity.
Honorius
Theodosius
394
I,
Apr CT 16.5.22 245 Heretics shall not be allowed to appoint or confirm bishops.
Arcadius,
15
Honorius
394 CT 16.5.23 246 Theodosius Eunomians shall be allowed to write wills and likewise receive
June I, through wills.
20 Arcadius, [This repeals a previous law of May 4 389. This law will again be
Honorius enacted, then again repealed, then again enacted.]
Theodosius
394 This law is primarily dealing with actors, but a section of it forbids
I,
June CT 15.7.12 247 Christian women and children from association with actors, and
Arcadius,
29 forbids actresses to dress as dedicated Christian virgins or widows.
Honorius
Theodosius
394
I, Heretics are forbidden to teach their doctrines or appoint priests or
July CT 16.5.24 248
Arcadius, other clergy. Judges and other officials must enforce this law.
19
Honorius
Back to Imperial Laws and Letters
AD 313-364 (Constantine-Jovian)
AD 395-431 (Arcadius and Honorius – Council of Ephesus and aftermath)
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.
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12/24/2018 Fourth Century Christianity » Imperial Laws and Letters Involving Religion AD, 364-395

Fourth Century Christianity

AD 313-364 (Constantine – Jovian)

AD 395-431 (Arcadius and Honorius – Council of Ephesus and aftermath)

July I, widows or female wards if the women’s relatives are suspicious of

Aug II, widows to leave their estates to the church or to individual

Back to Imperial Laws and Letters

AD 395-431 (Arcadius and Honorius – Council of Ephesus and aftermath)

Created by GAD and AJW

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A Harmony of Socrates, Sozomen, and Theodoret

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