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 |
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