26 Limitations on the Reception of Jewish Converts to Christianity Seeking Asylum in Churches Arcadius (and Honorius)

17 June 397

This law, given by Arcadius in his name and that of Honorius on 17 June 397 at Constantinople, was addressed to Archelaus, Prae­fectus Augustalis in Egypt.

The legislator forbade Jews who pretended to be converts to Christianity to be received in churches in order to obtain church asylum against creditors or against judicial proceedings. He laid down the rule that Jews applying for a conversion should be re­fused until they had paid up their debts or had been acquitted in court.

This law, which dealt an unmistakable blow at the missionary efforts directed at the Jews, was nevertheless in complete accord with the Imperial policy on asylum since Theodosius I, designed— among other matters—at restricting the asylum rights of churches, rights that became sanctioned by custom in course of the fourth century. A law dated to 18 October 392 (CTh 9:45:1), for ex­ample, ordered the extradition from churches of fugitives in debt to the State, or alternately to charge the bishop responsible for giving asylum with the amount of the outstanding debt. Another law, dated to 27 July 398 (CTh 9:45:3), specified the types of fugitives who were to be refused asylum in church, namely slaves, decurions, debtors to the State, etc.¹

It seems -that the Church cooperated with the State in the appli­cation of the present law, for the ninth century text of the obliga­tory oath taken by Jewish converts to Christianity still included the declaration that the convert’s acts were motivated by love for Christianity and not by fear from criminal charges preferred against him or for similar reasons.²

Codex Theodosianus, 9:45:2, ed.

IMPP. ARCAD(IUS) ET HONOR(IUS) AA. ARCHELAO* P(RAE)F(ECTO) AUGUSTALI

ludaei, qui reatu aliquo vel debitis fatigati simulant se Christianae legi velle coniungi, ut ad ecclesias confugientes vitare* possint crimina vel 5 pondera debitorum, arceantur nec ante suscipiantur, quam debita universa reddiderint vel fuerint innocentia demonstrata purgati.

DAT. XV KAL. IUL. CONSTANT(INO)P(OLI) CAESARIO ET ATTICO CONSS.*

THE TWO EMPERORS AND AUGUSTI ARCADIUS AND HONORIUS, TO ARCHELAUS,³ PRAEFECTUS AUGUSTALIS

Jews, who are oppressed by some legal charge or by debts and pretend that they wish to join the Christian Law in order to avoid⁴ their crimes or the burden of their debts by fleeing to churces shall be kept off and shall not be received before they paid up all their debts or were acquitted and proven innocent.

GIVEN ON THE FIFTEENTH DAY BEFORE THE CALENDS OF JULY AT CON­STANTINOPLE, IN THE CONSULATE OF CAESARIUS AND ATTICUS.⁵

Codex Justinianus, 1:12:1, ed. Krüger, p. 65

IMPP. ARCADIUS ET HONORIUS AA. ARCHELAO PRAEFECTO AUGUSTALI ludaei, qui reatu aliquo vel debitis fatigati simulant se Christianae legi velle coniungi, ut ad ecclesias confugientes evitare possint crimina vel pondera debitorum, arceantur nec ante suscipiantur, quam debita 5 universa reddiderint vel fuerint innocentia demonstrata purgati.

D. XV K. IUL. CONSTANTINOPOLI CAESARIO ET ATTICO CONSS.

NOTES

1.      See O.

2.      F. Cumont, “Une formula grecque de renonciation au Juda’isme,” Wiener Studien, XXIV (1902), pp. 462-472; J. Hennig, “Das griechische Glaubensbe­kenntnis für die Taufe eines Juden,” Ostkirchliche Studien, XX (1971), pp. 296­301.

3.      Archelaus was Praefectus Augustalis of Egypt in 397, probably a different person from his namesake to which Jerome referred with the title of Comes. See PLRE, II, s.v.; O. Seeck, PW, 1:3, 1895, s.v., Col. 453.

4.      Avoid: the change of ‘vitare’ to ‘evitare’ was quite common with Justin­ian’s editors. See Grape, XIV, p. 225.

5.       Given... Atticus: 17 June 397.

BIBLIOGRAPHY

Godefroy, III, pp. 389-390; S. Brassloff, “Zu den Quellen der byzantinis­chen Rechtsgeschichte, IV: Das kirchliche Asylrecht in Aegypten,” ZSSRG, RA, XXV (1904), pp. 312-316; Juster, II, pp. 180-181; Seeck, Regesten, p. 293; H. Hübner, Der Praefectus Aegypti von Diokletian bis zum Ende der römischen Herr­schaft, Munich 1952, p. 80; Seaver, p. 66; Langenfeld, pp. 129-130.