40 Protection of Synagogues and Recognition of Jewish Holidays as Official Holidays for Jews Honorius (with Theodosius II)
New Roman">26 July 412
This law, given by Honorius in his name and in that of Theodosius II at Ravenna on 26 July 412, was addressed to Johannes, Praefectus Praetorio of Italy.
Its text has been preserved in three fragments: (a) CTh 16:8:20, which is the longest fragment and preserves the correct date, (b) CTh 2:8:26 has been preserved in the Breviarium (Brev. 2:8:3) only, but comparison with its “twin” (CTh 8:8:8) proves that the editors of the Breviarium did not introduce changes into the text that they received from CTh 2:8:26. The text opens with the formula “after other matters” and ends with “and other matters.” The inscription is identical to that of CTh 16:8:20 in its calendarie date and the place of promulgation (26 July, Ravenna), but diverged from it in giving the date of the year as 409, which is undoubtedly wrong, for Johannes, the law’s addressee, served as Praefectus Praetorio of Italy for the first time in 412. In 408-409 he was employed as Primicerius notariorum and Master of the Offices under the usurper Attalus.1 (c) CTh 8:8:8, this text is identical to that of CTh 2:8:26.We have therefore two versions which derive from one law, though not from the same source, for both CTh 2:8:26 and CTh 8:8:8 give the content of CTh 16:8:20, but they do not seem to depend on it directly. Demougeot concluded, accordingly, that the two versions are not absolutely contemporaneous. While CTh 16:8:20 probably represents the text addressed directly to Johannes, the two other fragments could derive from a text promulgated on a later stage in the law’s diffusion, after it had undergone several changes. This might have been one of the edicts promulgated by the Imperial authorities in the provinces in order to publicize this law, and they were based, obviously, on the original text addressed to Johannes.
Justinian’s editors interpolated the text of CTh 2:8:26 and CTh 8:8:8 into CJ 1:9:13, with an addition that weakened its favourable attitude to the Jews, and with an emended subscription, rendered identical to that of CTh 16:8:20.
The legislator decreed, in the first part of this law, that the synagogues of the Jews were not to be damaged or seized.
This might represent the government’s reaction to the seizure of a Jewish synagogue in Edessa and its conversion to a church in 411/412.The second part of the law established the exemption of the Jews from appearance in court on Saturdays and on their holidays, in private litigation as well as in litigation with the treasury. The legislator claimed that this right had been sanctioned by the ancient custom and by old privileges. It represents, nevertheless, an important extension in favour of the Jews alone of a measure promulgated in 389, which freed the entire population from the obligation of appearing in court on the Christian and the Imperial holidays as well as on some important dates in the agricultural year (CTh 2:8:19). While Justinian’s editors preserved this special Jewish privilege, they supplemented it with a new clause, which prohibited Jews from preferring charges against Christians on Jewish holidays.
Codex Theodosianus» 16:8:20, ed. Mommsen, p. 892
IDEM AA.· IOHANNI* P(RAEFECTO) P(RAETORI)O
Quae ludaeorum frequentari conventiculis constat quaeque synagogarum vocabulis nuncupantur, nullus audeat violare vel occupata detinere, cum sine intentione religionis et cultus omnes quieto iure sua debeant 5 retinere. At cum vero ludaeorum memorato populo sacratum diem sabbati vetus mos et consuetudo servaverit, id quoque inhibendum esse censemus, ne sub obtentu negotii publici vel privati memoratae observationis hominem adstringat ulla conventio, cum reliquum omne tempus satis publicis legibus sufficere videatur sitque saeculi moderatione io dignissimum, ne delata privilegia violentur: quamvis retro principum generalibus constitutis satis de hac parte statutum esse videatur.
DAT. VII KAL. AUG. RAV(ENNAE) HONOR(IO) VIIII ET THEOD(OSIO) V AA. CONSS.·
2 3
THE SAME TWO AUGUSTI TO JOHANNES, PRAEFECTUS PRAETORIO
No one shall dare to violate or seize and occupy what are known by the names of synagogues and are assuredly frequented by the conventicles of the Jews, for all must retain what is theirs with unmolested right and without harm to religion and cult. Furthermore, since the ancient custom and usage preserved the day of Sabbath, sacred to the said people of the Jews, we decree that this too must be avoided, that no summons shall constrain a man of the said custom under pretext of public or private business, for it would seem that all the remaining time suffices for the public laws, and it would be most worthy of the government of our time that former privileges shall not be violated; although it would seem that enough had been legislated on this matter in general constitutions by past Emperors.
GIVEN ON THE SEVENTH DAY BEFORE THE CALENDS OF AUGUST AT RAVENNA, IN THE CONSULATE OF THE TWO AUGUSTI, HONORIUS FOR THE NINTH TIME AND THEODOSIUS FOR THE FIFTH.4
Codex Theodosianus, 2:8:26 (Breviarium, 2:8:3), ed. Mommsen, p. 89
IDEM AA. IOHANNI P(RAEFECTO) P(RAETORI)O
Post alia: Die sabbata ac reliquis sub tempore, quo ludaei cultus sui reverentiam servant, neminem aut facere a(li)quid aut ulla ex parte conveniri debere praecipimus, cum fiscalibus conmodis et litigiis s privatorum constat reliquos dies posse sufficere. Et cetera.
DAT. VII K. AUG. RAV(ENNA) DD. NN. HON(ORIO) VIII ET THEOD(OSIO) III AA. CONSS.·
INTERPRETATIO
Die Sabbati nullum Judaeorum aut pro fiscali utilitate aut pro quolibet negotio volumus conveniri, quia religionis eorum dies non debet actione aliqua perturbari.
THE SAME TWO AUGUSTI TO JOHANNES, PRAEFECTUS PRAETORIO
After other matters: We order, that no one shall be obliged to do anything or be summoned in any way whatsoever, on the Sabbath day or on the other days on which the Jews keep the reverence of their cult, for it is clear that the remaining days could suffice for the fiscal revenues and for private litigation. And other matters.
GIVEN ON THE SEVENTH DAY BEFORE THE CALENDS OF AUGUST AT RAVENNA, IN THE CONSULATE OF OUR TWO MASTERS AND AUGUSTI, HONORIUS FOR THE EIGHTH TIME AND THEODOSIUS FOR THE THIRD.5
COMMENTARY
We wish that none of the Jews shall be summoned on the Sabbath day, either for the benefit of the fisc or for any business whatever, for the day of their religion must not be perturbed by any legal accusation.
Codex Theodosianus, 8:8:8, ed. Mommsen, p. 403
IMPP. HONORIUS ET THEODOSIUS AA. IOHANNI P(RAEFECTO) P(RAETORIX>
Post alia: Die sabbata ac reliquis sub tempore, quo ludaei cultus sui reverentiam servant, neminem aut facere aliquid aut ulla ex parte 5 conveniri debere praecipimus, cum fiscalibus commodis et litigiis privatorum constet reliquos dies posse sufficere.
Et cetera.DAT. VII KAL. AUG. RAV(ENNA) HONORIO VIII ET THEODOSIO III AA. CONSS.
THE TWO EMPERORS AND AUGUSTI HONORIUS AND THEODOSIUS TO JOHANNES, PRAEFECTUS PRAETORIO
After other matters: We order, that no one shall be obliged to do anything or be summoned in any way whatsoever, on the Sabbath day or on the other days on which the Jews keep the reverence of their cult, for it is clear that the remaining days could suffice for the fiscal revenues and for private litigation. And other matters.
GIVEN ON THE SEVENTH DAY BEFORE THE CALENDS OF AUGUST AT RAVENNA, IN THE CONSULATE OF THE TWO AUGUSTI, HONORIUS FOR THE EIGHTH TIME AND THEODOSIUS FOR THE THIRD.
Codex Justinianus, 1:9:13, ed. Krüger, pp. 61-62
IDEM AA. IOHANNI PP.
Die sabbato ac reliquis sub tempore, quo ludaei cultus sui reverentiam servant, neminem aut facere aliquid aut ulla ex parte conveniri debere praecipimus (ita tamen, ut nec illis detur licentia eodem die Christianos 5 orthodoxos convenire, ne Christiani forte ex interpellatione ludaeorum ab officialibus praefatis diebus aliquam sustineant molestiam), cum fiscalibus commodis et litigiis privatorum constat reliquos dies posse sufficere.
D. VII K. AUG. RAVENNAE HONORIO VIIII ET THEODOSIO V AA. CONSS.
THE SAME TWO AUGUSTI TO JOHANNES, PRAEFECTUS PRAETORIO
We order, that no one shall be obliged to do anything or be summoned in any way whatsoever, on the Sabbath day or on the other days on which the Jews keep the reverence of their cult, (in this guise, however, that they too shall not be allowed to summon on that day Orthodox Christians, lest Christians suffer perchance any harm at the hand of the magistrate’s officials as a result of a demand presented by Jews on the aforesaid days), for it is clear that the remaining days could suffice for the fiscal revenues and for private litigation.
GIVEN ON THE SEVENTH DAY BEFORE THE CALENDS OF AUGUST AT RA-
VENN A, IN THE CONSULATE OF THE TWO AUGUSTI, HONORIUS FOR THE NINTH TIME AND THEODOSIUS FOR THE FIFTH.
NOTES
1. See PLRE, I, s.v.
2. Augusti: Honorius and Theodosius II.
3. Johannes was Praefectus Praetorio of Italy in 412-413, perhaps also in 422.
See Haehling, pp. 316-317; PLRE, I, s.v.4. Given... fifth: 26 July 412. On the chronology of the texts dated by this consulate consult R. S. Bagnall and K. A. Worp, “The Consuls of a.d. 411-412,” Mnemosyne, Series 4, XXXI (1978), pp. 287-293; A. Camerun, “The Consuls of a.d. 411-412 Again,” The Bulletin of the American Society of Papyrologists, XVIII (1981), pp. 69-72.
5. Given... third: 26 July 409.
BIBLIOGRAPHY
Godefroy, II, p. 621; VI: 1, pp. 260-261; Juster, I, pp. 164 n. 1; 464 n. 3; II, pp. 122-123; Seeck, Regesten, pp. 29, 324; Browe, p. 117; Seaver, p. 63; Demou- geot, “Honorius,” p. 284; Vogler, pp. 47, 69.