36 Prohibition to Mock Christianity on Purim Theodosius II (with Honorius)

29    May 408

This law, issued by Theodosius II in his name and in the name of Honorius at Constantinople on 29 May 408, was addressed to An­themius, Praefectus Praetorio of the East and the effective ruler of this part of the Empire at the side of the minor emperor.

Anthemius was directed to order the provincial governors to prohibit the customary burning of Hamman’s effigy on a cross, aimed, in the legislator’s view, to mock Christianity. This law ex­presses the authorities’ irritation in regard to the popular Purim buffooneries, which included also the burning of Hamman’s effigy, either crucified or impaled.¹ Such practices created tension be­tween Jews and Christians and resulted in outbreaks of violence, such as the one that erupted in 415 when the Jews of Inmestar (near Antioch) were accused of crucifying a Christian child while

36 Prohibition to Mock Christianity

perpetrating mockeries of Christianity. Although we do not pos­sess formal evidence that the Inmester affair was connected with Purim celebrations, since Socrates does not specify what celebra­tions took place in the course of that event,² it is reasonable to assume, on grounds of the description we possess and on the chronological proximity to our law, that it occurred during the feast of Purim.

The legislator ordered the Jews to stop mocking the Christian religion in their ceremonies and threatened that they should lose “what had been permitted them till now,” an obvious allusion to their traditional privileges.

Codex Theodosianus, 16:8:18, ed.

IMPP. HONORQUS) ET THEOD(OSIUS) AA. ANTHEMIO* P(RAEFECTO) P(RAETORI)O

ludaeos quodam festivitatis suae sollemni Aman ad poenae quondam recordationem incendere et sanctae crucis adsimulatam speciem in 5 contemptum Christianae fidei* sacrilega mente exurere provinciarum rectores prohibeant, ne iocis* suis fidei nostrae signum inmisceant, sed ritus suos citra contemptum Christianae legis retineant, amissuri sine dubio permissa hactenus, nisi ab inlicitis temperaverint

DAT. IIII KAL. IUN. CONSTANT(INO)P(OLI) BASSO ET PHILIPPO CONSS.·

THE TWO EMPERORS AND AUGUSTI HONORIUS AND THEODOSIUS TO ANTHEMIUS,³ PRAEFECTUS PRAETORIO

The governors of the provinces shall prohibit the Jews from setting fire to Aman in memory of his past punishment, in a certain cere­mony of their festival, and from burning with sacrilegious intent a form made to resemble the saint cross in contempt of the Christian faith,⁴ lest they mingle the sign of our faith with their jests,⁵ and they shall restrain their rites from ridiculing the Christian Law, for they are bound to lose what had been permitted them till now unless they abstain from those matters which are forbidden.

GIVEN ON THE FOURTH DAY BEFORE THE CALENDS OF JUNE AT CONSTAN­TINOPLE, IN THE CONSULATE OF BASSUS AND PHILIPPUS.⁶

Codex Justinianus, 1:9:11, ed. Krüger, p. 61

IMPP. HONORIUS ET THEODOSIUS AA.

ludaeos quodam festivitatis suae sollemni Aman ad poenae quondam recordationem incendere et sanctae crucis adsimulatam speciem in contemptu Christianae fidei sacrilega mente exurere provinciarium rec- 5 tores prohibeant, ne locis suis fidei nostrae signum immisceant, sed ritus suos citra contemptum Christianae legis retineant, amissuri sine dubio permissa hactenus, nisi ab illicitis temperaverint.

D. IIII K. IUN. CONSTANTINOPOLI BASSO ET PHILIPPO CONSS.

NOTES

1.      Hamman’s punishment was generally conceived as a crucifixion. See Genesis Rabba: “Yesterday Mordechai was ready to be crucified, and now he crucifies his crucifier” (30:8, Theodor—Albeck edition, Berlin 1902/3-1928/9, p. 275). Similarly in Leviticus. Rabba: “When Esther heard this she issued a proclama­tion throughout the city and declared no one shall open shop in the market, and all the people shall go out, the head of the Jews is to be crucified” (28:6). For other examples see Rabello’s article, listed below.

2.       ’Εκκλησιαστική Ιστορία, VII: 16.

3.      Anthemius was Praefectus Praetorio in the East between 405 and 414. See Haehling, pp. 79-82; Jones, “Collegiate Prefectures,” p. 89; PLRE, II, s.v.; Stein, I, pp. 246-247.

4.       Christian faith: omitted in Codex Justinianus.

5.      Jests: following Mommsen’s emendation.

6.      Given... Philippus: 29 May 408.

BIBLIOGRAPHY

Godefroy, VI: 1, pp. 255-257; Juster, II, pp. 203-204, 207-208; Seeck, Re­gesten, p. 315; Browe, p. 133; Seaver, pp. 16-17, 69; A. Μ. Rabello, “The First Law of Theodosius II and Celebrations of Purim,” Christian News from Israel, XXIV (1974), pp. 159-166; Avi-Yonah, p. 218; Langenfeld, p. 87; Vogler, pp. 48, 68; F. Blanchetiöre, “La legislation antijuive de Theodose II; C.Th., 16.8.18. (29.5.408),” Ktema, V (1980), pp. 125-129.