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25 Protection to Jews and Synagogues

Arcadius (with Honorius)

17 June 397

This law, given by Arcadius in his name and in that of Honorius at Constantinople on 17 June 397, was adressed to Anatolius, Prae­fectus Praetorio of Illyricum.

Its text has been preserved in Codex Theodosianus (CTh 16:8:12).

The legislator ordered Anatolius to protect Jews from attacks and to ensure the safety of synagogues. This law indicates that violent attacks against the Jews, and in particular against syna­gogues, were still perpetrated by Christian fanatics (see above, No. 21). Conditions at Illyricum at that time, mainly the weakening of government that resulted from the conflict between Stilicho and Rufinus and the recent invasion by Alaric (395),1 probably encour­aged activities of this sort. On the same day a second law was given, equally favourable to the Jews, (see below, No. 26), a good indication of the favourable disposition of the court towards the Jews at that time.

Codex Theodosianus, 16:8:12, ed. Mommsen, pp. 889-890

IDEM AA. ANATOLIO* P(RAEFECTO) P(RAETORI)O ILLYRICI*

Excellens auctoritas tua rectores conveniri praecipiat, ut percepta notione cognoscant oportere a ludaeis inruentum contumelias propulsari eorumque synagogas in quiete solita permanere.

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

THE SAME TWO AUGUSTI TO ANATOLIUS,2 PRAEFECTUS PRAETORIO OF ILLYRICUM3

Your Excellent Authority shall order the governors to assemble, in order that they shall learn and know, that it is necessary to repel the assaults of those who attack Jews, and that their synagogues should remain in their accustomed peace.

GIVEN ON THE FIFTEENTH DAY BEFORE THE CALENDS OF JULY AT CON­STANTINOPLE, IN THE CONSULATE OF CAESARIUS AND ATTICUS.4

NOTES

1.      See Stein, I, pp. 228-230.

2.      Anatolius served as Praefectus Praetorio of Illyricum in the years 397­399.

He enjoyed a position of particular influence in the senate of Constantinople about 390. See T. D. Barnes, “More Missing Names (a.d. 260-395),” Phoenix, XXVII (1973), p. 139; Haehling, pp. 103-104; Jones, “Collegiate Prefectures,” pp. 80-81; O. Seeck, PW, 1:2, 1894, s.v., Col. 2072.

3.      The Prefecture of Illyricum included, after 395, the two Eastern dioceses of Dacia and Macedonia, and it formed part of the Eastern part of the Empire. See J. R. Palanque, “La prefecture du prStoire dTllyricum au IVe sidcle,” Byzantion, XXI (1951), pp. 5-14.

4.       Given... Atticus: 17 June 397.

BIBLIOGRAPHY

Godefroy, VI: 1, p. 492; Juster, I, p. 464; Seeck, Regesten, p. 293; Seaver, p. 66; Jones, “Collegiate Prefectures,” p. 80; Reichardt, p. 37; Vogler, pp. 47, 66.

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Source: Linder A.. The Jews in Roman imperial legislation. Wayne State University Press,1987. — 437 p.. 1987
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