47 Policy on Synagogues (Honorius with) Theodosius II 15 February 423
This law, given by Theodosius II in his name and in that of Honorius on 15 February 423 at Constantinople, was addressed to Asclepiodotus, Praefectus Praetorio of the East.
Its text has been preserved in Codex Theodosianus (CTh 16:8:25). Another law, affirming the duty of the churches to repair roads and bridges, and addressed to Asclepiodotus on the same day, has been preserved in CTh 15:3:6, copied in CJ 11:75:4, and edited in CJ 1:2:7. While it is still doubtful whether we should consider it as the second part of our law, as maintained by Seeck, the concurrence of both laws may be taken as an indication that Asclepiodotus treated favorably the non-Christian elements of the population.The legislator established three rules to be applied in regard to synagogues: (a) it was forbidden to occupy synagogues or to put them on fire; (b) the Jews should be granted places for the construction of new synagogues to replace those seized from them and consecrated as churches, and they should be indemnified for votive offerings seized and consecrated to Christian cult; (c) it was forbidden to construct new synagogues, and the existing synagogues should be kept in their actual state.
The Syrian version of the Life of Sy meon Sty lites recounted that when this law was promulgated in the East, accompanied by Asclepiodotus’ edict, it provoked a sharp reaction on the part of militant Christians, who asked Symeon to lead the opposition to the measures enunciated in this law. The opposition proved strong enough to prevent their application in the East and to apply pressure on the court to have them rescinded. The court was under pressure from the Jews at the same time, and the same source testified that they enjoyed the support of Asclepiodotus and did not hesitate to use bribes as well.
They seem to have been successful, for the measures imposed by our law were reaffirmed by a second law after a delay of less than two months (see below, No. 48). The renewed sense of urgency in the State’s protection for synagogues was probably motivated by the violent attacks perpetrated against synagogues in Syria, Palestine, and Trans-Jordan by Bar-Sauma and his followers in the years 419-422, and which are amply documented in this saint’s biography.Codex Theodosianus, 16:8:2$, ed. Mommsen, pp. 893-894
IDEM AA.· ASCLEPIODOTO’ P(RAEFECTO) P(RAETORDO
Placet in posterum nullas omnino synagogas ludaeorum vel auferri passim vel flammis exuri et si quae sunt post legem* recenti molimine vel ereptae synagogae vel ecclesiis vindicatae aut certe venerandis mysteriis 5 consecratae, pro his loca eis, in quibus possint extruere, ad mensuram videlicet sublatarum, praeberi. Sed et donaria si qua sunt sublata, eisdem, si necdum sacris mysteriis sunt dedicata, reddantur, sin redhibitionem consecratio veneranda non sinit, pro his eiusdem quantitatis pretium tribuatur. Synagogae de cetero nullae protinus extruan- 10 tur, veteres in sua forma* permaneant.
DAT. XV KAL. MART. CONSTANT(INO)P(OLI) ASCLEPIODOTO ET
MARINIANO CONSS *
THE SAME TWO AUGUSTI1 TO ASCLEPIODOTUS,2 PRAEFECTUS PRAETORIO It seems right that in the future none of the synagogues of the Jews shall either be indiscriminately seized or put on fire. If there are some synagogues that were seized or vindicated to churches or indeed consecrated to the venerable mysteries in a recent undertaking and after the law was passed,3 they shall be given in exchange new places, on which they could build, that is, to the measure of the synagogues taken.
Votive offerings as well, if they are in fact seized, shall be returned to them provided that they have not yet been dedicated to the sacred mysteries; but if a venerable consecration does not permit their restitution, they shall be given the exact price for them. No synagogue shall be constructed from now on, and the old ones shall remain in their state.4size=1 color=black face="Times New Roman">GIVEN ON THE FIFTEENTH DAY BEFORE THE CALENDS OF MARCH AT CONSTANTINOPLE, IN THE CONSULATE OF ASCLEPIODOTUS AND MARINIANUS.5
NOTES
1. Augusti: Honorius and Theodosius II.
2. Asclepiodotus: uncle of Empress Eudocia, Praefectus Praetorio of the East in the years 423-425. See Haehling, p. 84; PLRE, II, s.v.; O. Seeck, PW, 1:4, 1896, s.v., Col. 1637.
3. After the law was passed: the reference is to the law of 6 August 420 which granted protection to synagogues (see above, No. 46). Godefroy and Mommsen identify it, on the other hand, with the law passed on this subject by Theodosius, Arcadius, and Honorius on 29 September 393 (see above, No. 21).
4. State: the term ‘mensura’ here has a wider meaning than just “form,” “appearance,” and should be translated as “state,” “condition.” Compare a similar use in ‘uti munera, quae assiforana appellantur, in sua forma maneant’, “that the games called games of one Ass shall remain in their present condition.” See CIL, II, No. 6278, 1. 29. Compare also the analogous use of the term ‘figura’ in law No. 62 (see there n. 10).
5. Given... Marinianus: 15 February 423.
BIBLIOGRAPHY
Godefroy, VI: 1, pp.265-266; C. C. Torey, “The Letters of Simeon the Stylite,” Journal of the American Oriental Society, XX (1899), pp. 253-257; H. Lietzmann & H. Hilgenfeld, “Das Leben des heiligen Symeon Stylites,” TUGAL, XXXII, 1908, pp. 175, 246-248; Juster, I, pp. 465-466; Seeck, Regesten, p. 349; F. Nau, “Deux episodes de 1’histoire juive sous Thöodose II (423 et 438) d’aprös la Vie de Barsauma le Syrien,” REJ, LXXXIII (1927), pp. 186-193; Browe, p. 116; Seaver, p. 74; Demougeot, “Theodose II,” pp. 95-96; Reichardt, p. 37.