50 Prohibition on Public Entertainment on Christian Holidays
Theodosius II (with Valentinian III)
1 February 425
This law, given by Theodosius II in his name and in that of Valentinian III at Constantinople on 1 February 425, was addressed to Asclepiodotus, Praefectus Praetorio of the East.
Its text has been preserved in Codex Theodosianus (CTh 15:5:5). Justinian’s editors accepted one paragraph from this source and inserted it, edited, into Codex Justinianus (CJ 3:12:6).The legislator prohibited public entertainment on the principal Christian holidays, and emphasized that this prohibition applied also to Jews and pagans, and to celebrations held in honour of the emperor.
The text preserved in Codex Justinianus omitted two of the holidays listed in the original law, Easter and Pentecost, but it incorporated a paragraph taken from the law of 7 August 389 (CJ 3:12:6) which listed the official holidays and included the Nativity, Epiphany, and the Apostolic Martyrdom.
The reference to the participation of Jews and pagans in public entertainments is supported by other sources, which testify to this phenomenon beginning with the fourth century.1
Codex Theodosianus, 15:5:5, ed. Mommsen, p. 820
IDEM A. ET VAL(ENTINI)ANUS CAES.· ASCLEPIODOTO P(RAEFECTO) P(RAETORI)O
Dominico, qui septimanae totius primus* est dies, et natali* adque epifaniorum Christi,* paschae* etiam et quinquagesimae* diebus, quam- s diu caelestis lumen lavacri* imitantia novam sancti baptismatis lucem vestimenta testantur, quo tempore et commemoratio apostolicae passionis* totius Christianitatis magistrae a cunctis iure celebratur, omni theatrorum adque circensium voluptate per universas urbes earundem populis denegata totae Christianorum ac fidelium mentes dei cultibus io occupentur.
Si qui etiamnunc vel ludaeae impietatis amentia vel stolidae paganitatis errore adque insania detinentur, aliud esse supplicationum noverint tempus,* aliud voluptatum. Ac ne quis existimet in honorem numinis nostri veluti maiore quadam imperialis officii necessitate compelli et, nisi divina religione contempta spectaculis operam praestat, 15 subeundam forsitan sibi nostrae serenitatis offensam, si minus circa nos devotionis ostenderit quam solebat, nemo ambigat, quod tunc maxime mansuetudini nostrae ab humano genere defertur, cum virtutibus* dei omnipotentis ac meritis universi obsequium orbis inpenditur.DAT. KAL. FEB. CONSTAN(TINO)P(OLI) THEOD(OSIO) A. XI ET
20 VAL(ENTINI)ANO CAES. I CONSS.·
THE SAME AUGUSTUS AND VALENTINI AN CAESAR2 TO ASCLEPIODOTUS, PRAEFECTUS PRAETORIO
All entertainment of theatres and circuses in all the cities shall be denied to their populations, so that the minds of the Christians and the faithful should be devoted entirely to God’s cults on the Lord’s day, which is the first day3 of the whole week, on Christ’s Nativity4 and Epiphany,5 also on the days of Easter6 and of Pentecost,7 when the vestments testify to the new light of the sacred baptism by their imitation of the light on the heavenly baptismal font,8 in the time also when the commemoration of the Apostolic Passion9—the teacher of the entire Christendom—is rightfully celebrated by all. If some are even now detained either by the madness of the Jewish impiety or by the error and insanity of the senseless paganism, they should know that there is time for supplications and time for entertainments.10 And lest anyone consider that he is obliged to the honour of our divinity as if by a greater duty towards the imperial office, and that perhaps he is bound to suffer if he offends our serenity unless he offers entertainments even to the contempt of the divine religion, if he exhibits towards us a devotion smaller that he was wont to, let no one be in doubt, that our clemency is honoured by humankind to the greatest degree when the entire world serves God’s miracles11 and merits.
GIVEN ON THE CALENDS OF FEBRUARY AT CONSTANTINOPLE, IN THE CONSULATE OF THEODOSIUS AUGUSTUS FOR THE ELEVENTH TIME AND VALENTINI AN CAESAR FOR THE FIRST TIME.12
NOTES
1. Juster, II, pp.
240-241. See also Y. Dan, “Two Jewish Merchants in the Seventh Century,” Zion, XXXVI (1971), pp. 2-9, 26 (in Hebrew); idem, “The Circus and Its Factions (Blues and Greens) in Eretz-Israel During the Byzantine Period,” Cathedra, IV (1977), pp. 133-146 (in Hebrew).2. Valentinian III was elevated to the rank of Caesar by Theodosius II in a ceremony performed by Helion, Master of the Offices, at Salonica, on 23 October 424. See Seeck, Regesten, p. 351. The Eastern Court publicized, in this act, its non-recognition of Johannes as the Western Caesar.
3. First day: the text echoes the contemporary debates concerning the week’s first day. The Romans, originally, started their week with the day called after Saturn, but changed, after the fourth century, to a week that opened with Sun Day, under Christian influence as well as that of the Sun cult, which enjoyed great popularity at that time. See Boll, PW, 1:14, 1912, s.v. Hebdomas, Col. 2577.
4. Nativity: 25 December. The Monophysites celebrated the Nativity on 6 January, the day of Epiphany, in accordance with their rejection of the dogma of Christ’s two natures. The Imperial authorities forced the Church of Jerusalem, in the years 560-566, to celebrate the Nativity on 25 December and the Epiphany and Christ’s Baptism on 6 January. See M. van Esbroeck, “La lettre de Justinien sur 1’Annonciation et la Noel en 561,” Analecta Bollandiana, LXXXVI (1968), pp. 351-371; idem, “Encore la lettre de Justinien—Sa date: 560 et non 561,” ibid., LXXXVII (1969), pp. 442-444.
5.New Roman"'> Epiphany signified, originally, Jesus’ baptism in the Jordan and his revelation to the world on 6 January.
This celebration, which originated in the East, became wide-spread in the West as well by the fourth century. Arcadius and Hono- rius prohibited circus performances on that day in a law issued in 400. In the West the emphasis shifted, however, to the Adoration of the Magi. See Justinian’s letter (above, n. 4), and H. Leclercq, DACL, V, 1922, s.v. Epiphanie, pp. 197-202.6. Easter: see above, No. 49, n. 4.
7. Pentecost was celebrated on the fiftieth day after Easter. This holiday commemorated the reception of the Holy Spirit by the Apostles in Jerusalem, and the subsequent baptism of a great number of people there (Acts, c. II). Baptism was usually performed on this holiday.
8. Font: the text refers to the customary white dress worn by the baptized, but it could also refer to the legend on the appearance of a divine light on Constantine the Great’s immersion in the baptismal font. If this interpretation is correct, we have here the earliest reference to this legend, commonly considered to be of a Western origin. It is best known through the Actus S. Silvestri, usually dated to the middle of the fifth century. Its original source is probably Eusebius’ description of Constantine’s baptism, which refers to the Emperor’s white dress on that occasion. See Εις τον βίον μακαρίου Κωνσταντίνου βασιλέως, IV:62, ed. I. A. Heikel, GCS, VII, 1902, p. 143.
9. Apostolic Passion refers to the Passions of Peter and Paul, celebrated together on 29 June, probably after their Translation to a burial place near the Via Appia on 29 June 258.
See H. Leclercq, DACL, XIV, 1939, s.v. Pierre, Cols. 974976.10. “Entertainment” is an echo of Eccl. 111:1-8.
11. Miracles: ‘virtus’ in singular signifies “power,” “strength,” but in plural it has the meaning, in Christian sources, of “miracles.” Compare the Vulgate version to Matth. XIIL58: ‘Et non fecit ibi virtutes multas propter incredulitatem eorum’. “And he did not perform there many miracles because of their incredulity.” See also: ‘Nam et prophetare et daemonia excludere et virtutes magnas in terris facere sublimis et admirabile res est’. “For it is both sublime and admirable to prophesize as well as exorcize demons and perform great miracles on earth.” See Cyprian, De Ecclesiae Catholicae Unitate, 15, ed. M. B6venot, CCSL, III:I, 1972, p. 260.
12. Given... time: 1 February 425. The year was dated by the Eastern consulate only, for the Eastern Court did not recognize Johannes’ consulship of that year.
BIBLIOGRAPHY
class=21 style='text-indent:18.0pt;line-height:normal'>Godefroy, V, pp. 400-404; Seeck, Regesten, p. 351; Seaver, p. 77; Demou- geot, “Th6odose II,” p. 96.