51 Repeal of Johannes’ Anti-Christian Legislation; Banishment of Heretics and Schismatics from Cities; Expulsion of Jews and Pagans from the Imperial Administration and from the Legal Profession (Theodosius II with) Valentinian III Between 9 July and 6 August 425
This law was given by Placidia, acting for Valentinian III, at that time a five-year-old boy, in his name and in that of Theodosius II. It was issued at Aquileia, a short time after Johannes’ downfall in May or June 425.
It constituted a violation of the established custom that only Augusti have the right to legislate, for Valentinian III was only a Caesar at that time; he was raised to the dignity of Augustus by a representative of Theodosius II on 23 October 425. Our law reflects, therefore, Placidia’s confidence in the forthcoming recognition by the Eastern Court of her son as the Western Augustus. This law was addressed to the senior officials of the West on different dates and in different texts, adapted to each addressee’s particular circumstances.The following texts have been preserved:
(A) The text addressed on 9 July 425 to Amatius, Praefectus Praetorio of Gaul, has been preserved in its entirety in Constitutio Sirmondiana No. 6.
(B) The text addressed on 17 July 425 to Faustus, Prefect of the City of Rome. One fragment has been preserved in CTh 16:5:62.
(C) The text addressed on 4 August 425 to Georgius, Proconsul of Africa. Two fragments have been preserved in CTh 16:2:46 and in CTh 16:5:63.
(D) The text addressed on 6 August 425 to Bassus, Comes of the Private Property. Two fragments have been preserved in CTh 16:2:47 and in CTh 16:5:64.
Each of these texts dealt with problems specific to its area of application. Amatius was ordered to take steps, in cooperation with the bishop of Arles, in order to repress the Pelagian heresy in Gaul, while Faustus was directed to act against the heretics of Rome.
Although all four texts dealt with the subject of heresy, it seems that the legislator showed a special interest in stamping out the African heresies, hence the differences between the text addressed to Georgius and the texts addressed to the other officials. It is clear, however, that all four texts originally contained several identical items, though some of them were omitted in course of the text editing performed by Theodosius H’s editors. The common items, as far as they can be reconstructed, were as follows:(A) Restoration of the ecclesiastical privileges abolished by Johannes.
(B) Repeal of the laws passed by Johannes to the extent that they infringed on the Church’s position and rights. Offenders under this clause were to be punished as for sacrilege.
(C) Banishment from the cities of Manichaeans, heretics, schismatics, astrologers, and all sects hostile to the Catholics.
(D) Jews and pagans were prohibited from practicing law and serving in the State administration. Gaudemet interpreted this clause as prohibiting also the employment of Christian slaves and ‘coloni’ by Jews as well as mixed litigation between Jews and Christians.
Some clues enable us to follow the editing process carried out by the editors. CTh 16:5:64, for instance, reproduced the clause on the banishment from the cities, repeated it, and connected the two clauses with the word ‘igitur’, ‘omnes igitur personas etc.’. In the original text, however, known from Constitutio Sirmondiana No. 6, the banishment clause was followed by the order to expel Jews and pagans from the State’s service, and that order was explained on the ground that Jews and pagans are liable to misuse their power over Christians. The word ‘igitur’ referred, originally, to this explanation, but the omissions carried out by the editors resulted in the attribution of a new meaning to the word ‘excludi’; from denoting expulsion from the State’s service it came to designate banishment from cities, and the resultant sentence lacked the explanation referred to by the word ‘igitur.’
The interdiction on service of Jews in the ‘militia’, that is the lower administrative echelons, where recruitment was effected not by a personal appointment but by enrollment in the ‘matricula’, did not constitute the first interdiction on this subject (see above, No.
45). The interdiction to practice law, on the other hand, revoked the explicit permission on this point granted in that law, and should be appreciated in the general context of a policy designed to expel the Jews from all positions of authority. Pope Leo’s action against the Manichaeans in Italy in 444 was probably based on this law, and should be taken, therefore, as evidence that the law was effectively applied there.Constitutio Sirmondiana, No. 6, ed. Mommsen, pp. 911-912
IMPP. THEODOSIUS A. ET VALENTINIANUS CAESAR AMATIO V.I.
PRAEF(ECTO) PR(AE)T(O)R(IO) GALL(IARUM)
Privilegia ecclesiarum vel clericorum omnium, quae saeculo nostro tyrannus* inviderat, prona devotione revocamus. Scilicet ut quidquid a 5 divis principibus singuli quique antistites inpetrarunt, iugi solidata aeternitate serventur nec cuiusquam audeat titillare praesumptio, in quo nos nobis magis praestitum confitemur. Clericos etiam, quos indiscretim ad saeculares iudices debere deduci infaustus praesumptor edixerat, episcopali audientiae reservamus, his manentibus, quae circa eos sanxit io antiquitas. Fas enim non est, ut divini muneris ministri temporalium potestatum subdantur arbitrio. Inl(ustris) itaque auctoritas tua omni aevo mansura quae iussimus in provinciarum missa notitiam praecipiet etiam sub poena sacrilegii custodiri, specialiter id inlustribus conprehen- sura praeceptis, ut in omnibus circa ecclesiastica privilegia veterum prinis cipum statuta serventur. Diversos vero episcopos nefarium Pelagiani et Caelestiani dogmatis* errorem sequentes per Patroclum* sacrosanctae legis antistitem praecipimus conveniri: quos quia confidimus emendari, nisi intra viginti dies ex conventionis tempore, intra quos deliberandi tribuimus facultatem, errata correxerint seseque catholicae fidei red- 20 diderint, Gallicanis regionibus expelli adque in eorum loco sacerdotium fidelius subrogari, quatenus praesentis erroris macula de populorum animis tergeatur et futurae bonum disciplinae iustioris instituatur.
Sane quia religiosos populos nullis decet superstitionibus depravari, Manichaeos omnesque haereticos vel schismaticos sive mathematicos 25 omnemque sectam catholicis inimicam ab ipso aspectu urbium diversarum exterminari debere praecipimus, ut nec praesentiae quidem criminosorum contagione foedentur. ludaeis quoque vel paganis causas agendi vel militandi licentiam denegamus: quibus Christianae legis nolumus servire personas, ne occasione dominii sectam venerandae 30 religionis inmutent. Omnes igitur personas erroris infausti iubemus excludi, nisi his emendatio matura subvenerit.DATA VII IDUS IULIAS AQVILEIAE D. N. THEODOSIO A. XI ET VALENTINIANO CONSS.·
THE TWO EMPERORS THEODOSIUS AUGUSTUS1 AND VALENTINI AN CAESAR TO THE ILLUSTRIOUS AM ATIUS, PRAEFECTUS PRAETORIO OF GAUL
We restore, with benevolent devotion, the privileges of all the churches and clerics, which the tyrant2 denied to our times. Namely, that whatever was obtained by every single priest from the divine emperors and established forever shall be maintained to eternity, nor shall presumption dare mock him from whom we confess that we derive the greater aid. The clerics, whom the unpropitious tyrant proclaimed that they should be brought indiscriminately before secular judges, we reserve to the episcopal jurisdiction, maintaining what had been established about them by antiquity. For it is improper that the ministers of the divine office be subjected to the rule of the temporal authorities. Your Illustrious authority shall command, therefore, that what we have ordered, which shall stand forever and brought to the knowledge of the provinces, shall be observed even under the punishment for sacrilege. This too shall be especially included in the Illustrious orders, that the laws of the ancient Emperors shall be kept in all things concerning the ecclesiastical privileges.
We order that the various bishops who follow the nefarious error of the Pelagian and Caelestian3 teaching shall be warned by Patroclus,4 priest of the sacrosanct law. Although we are sure that they shall amend, still, unless they correct their errors and rejoin the Catholic Faith within twenty days after the day they were warned, a period which we grant them for deliberation, they shall be expelled from the regions of Gaul and replaced by a more faithful priesthood instituted in their place, in order that the blemish of the present error shall be cleansed from the populace’s souls and the blessing of a future—and more just—discipline established. Indeed, since it behooves that the religious populace shall not be depraved by any superstition, we order that the Manichaeans, all the heretics or schismatics and astrologers, and every sect hostile to the Catholics must be expelled from the very sight of the various cities, so that they shall not be defiled even by the contagious presence of the criminous. We also deny to the Jews, and to the pagans, the right to practice law and to serve in the State service; we do not wish people of the Christian Law to serve them, lest they substitute, because of this mastery, the venerable religion by a sect. We command, therefore, that all persons holding an unpropitious error be excluded, unless they are succoured by a timely amendation.GIVEN ON THE SEVENTH DAY BEFORE THE IDES OF JULY AT AQUILEIA, IN THE CONSULATE OF OUR MASTER THEODOSIUS AUGUSTUS FOR THE ELEVENTH TIME AND OF VALENTINIAN.5
color=black face="Times New Roman">Codex Theodosianus, 16:5:62, ed. Mommsen, p. 877
IMP. THEOD(OSIUS) A. ET VAL(ENTINI)ANUS CAES. AD FAUSTUM* P(RAEFECTUM) U(RBI)
Manichaeos haereticos schismaticos sive mathematicos omnemque sectam catholicis inimicam ab ipso aspectu urbis Romae exterminari 5 praecipimus, ut nec praesentiae criminosorum contagione foedetur.
Circa hos autem maxime exercenda commonitio est, qui pravis suasionibus a venerabilis papae* sese communione suspendunt, quorum schismate plebs etiam reliqua vitiatur.
His conventione praemissa viginti dierum condonavimus indutias, intra quos nisi ad communionis redierint io unitatem, expulsi usque ad centesimum lapidem solitudine quam eligunt macerentur.DAT. XVI KAL. AUG. AQVIL(EIAE) THEOD(OSIO) A. XI ET VAL(ENTINI)ANO CAES. CONSS.*
THE EMPEROR THEODOSIUS AUGUSTUS AND VALENTINIAN CAESAR TO FAUSTUS,6 PREFECT OF THE CITY OF ROME
We order that the Manichaeans, heretics, schismatics and astrologers and every sect hostile to the Catholics be expelled from the very sight of the city of Rome, so that it shall not be defiled by the contagious presence of the criminous. Particular attention must be paid to those who suspend their communion with the venerable Pope7 under evil persuasion, and whose schism corrupts also the rest of the populace. We grant them a delay of twenty days, beginning with the day they are warned. Unless they return to the communion’s unity within this period, they shall be expelled to the hundredth milestone, and waste away in the wilderness they have chosen.
GIVEN ON THE SIXTEENTH DAY BEFORE THE CALENDS OF AUGUST AT AQUILEIA, IN THE CONSULATE OF THEODOSIUS AUGUSTUS FOR THE ELEVENTH TIME AND OF VALENTINIAN CAESAR.8
Codex Theodosianus, 16:2:46, ed. Mommsen, p. 852
IMPP. THEOIXOSIUS) A. ET VALENTINIANUS CAES. GEORGIO PROC(ONSULI) AFRIC(AE)
Post alia: Privilegia praeteritarum legum ecclesiae sive clericis delata serventur. Et cetera.
5 DAT. PRID. NON. IUL. AQVIL(EIAE) D.N. THEOD(OSIO) A. XI ET VAL(ENTINI)ANO CAES. CONSS*
THE TWO EMPERORS THEODOSIUS AUGUSTUS AND VALENTINIAN CAESAR TO GEORGIUS, PROCONSUL OF AFRICA
After other matters: The privileges given in the past to a church or to clerics shall be maintained. And other matters.
GIVEN ON THE DAY BEFORE THE NONNAE OF JULY AT AQUILEIA, IN THE CONSULATE OF OUR MASTER THEODOSIUS AUGUSTUS FOR THE ELEVENTH 9
TIME AND OF VALENTINIAN CAESAR?
Codex Theodosianus, 16:5:63, ed. Mommsen, p. 877
IDEM A. ET CAES. GEORGIO PROC(ONSULI) AFRIC(AE)
Omnes haereses omnesque perfidias, omnia schismata superstitionesque gentilium, omnes catholicae legi inimicos insectamur errores. Si quos vero*..., haec quoque clementiae nostrae statuta poena comitetur et s noverint sacrilegae superstitionis auctores participes conscios proscrib- tione plectendos, ut ab errore perfidiae, si ratione retrahi nequeunt, saltem terrore revocentur et universo supplicationum aditu in perpetuum denegato criminibus debita severitate plectantur. Et cetera.
DAT. PRID. NON. AUG. AQVIL(EIAE) D.N. THEOD(OSIO) A. XI ET
10 VAL(ENTINI)ANO CAES. CONSS.·
THE SAME AUGUSTUS AND CAESAR TO GEORGIUS, PROCONSUL OF AFRICA We pursue all the heresies and all the perfidies, all the schisms and the superstitions of the Gentiles, all the errors hostile to the Catholic Law. But if those10... this established punishment too shall be joined to our clemency, and the instigators of the sacrilegious superstition as well as their helpers and associates shall know that they shall be punished by confiscation. If they cannot be retrieved by reason, at least they shall be recovered through terror, and once the universal access for supplications is denied forever, they shall be punished for their crimes with the appropriate severity.
GIVEN ON THE DAY BEFORE THE NONNAE OF AUGUST AT AQUILEIA, IN THE CONSULATE OF OUR MASTER THEODOSIUS AUGUSTUS FOR THE ELEVENTH TIME AND OF VALENTINIAN CAESAR.11
Codex Theodosianus, 16:2:47, ed. Mommsen, p. 852
IDEM A. ET CAES. BASSO* C(OMITI) R(ERUM) P(RIVATARUM)
Privilegia ecclesiarum omnium, quae saeculo nostro tyrannus inviderat, prona devotione revocamus, scilicet ut quidquid a divis principibus con- stitutum est vel quae singuli quique antistites pro causis ecclesiasticis 5 inpetrarant, sub poena sacrilegii iugi solidata aeternitate serventur.
Clericos etiam, quos indiscretim ad saeculares indices debere deduci infaustus praesumptor edixerat, episcopali audientiae reservamus. Fas enim non est, ut divini muneris ministri temporalium potestatum subdantur arbitrio. Et cetera.
10 DAT. VIII ID. ÎÑÒÎÂ. AQVIL(EIAE) D. N. THEODfOSIO) À. XI ET VAL(ENTINI)ANO C. CONSS.*
THE SAME AUGUSTUS AND CAESAR TO BASSUS,12 COMES OF THE PRIVATE PROPERTY
We restore, with benevolent devotion, the privileges of all the churches, which the tyrant denied to our times, namely, that whatever was constituted by the divine emperors or what every single priest obtained in benefit of the church, shall be observed forever under the punishment of sacrilege. The clerics, however, whom the unpropitious tyrant proclaimed that they should be brought indiscriminately before secular judges, we reserve to the episcopal jurisdiction. For it is improper that the ministers of the divine office shall be subjected to the rule of the temporal authorities. And other matters.
GIVEN ON THE EIGHTH DAY BEFORE THE IDES OF OCTOBER AT AQUILEIA, IN THE CONSULATE OF OUR MASTER THEODOSIUS AUGUSTUS FOR THE ELEVENTH TIME AND OF VALENTINIAN CAESAR.13
Codex Theodosianus, 16:5:64, ed. Mommsen, p. 878
IDEM A. ET CAES. BASSO C(OMITI) R(ERUM) P(RIVATARUM)
Post alia: Manichaeos haereticos sive schismaticos omnemque sectam catholicis inimicam ab ipso aspectu urbium diversarum exterminari praecipimus, ut nec praesentiae criminosorum contagione foedentur.
5 Omnes igitur personas erroris infausti iubemus excludi, nisi his emendatio matura subvenerit. Et cetera.
DAT. VIII ID. AUG. AQVIL(EIAE) D. N. THEOD(OSIO) A. XI ET VALENTINIANO CAES. CONSS.*
THE SAME AUGUSTUS AND CAESAR TO BASSUS, COMES OF THE PRIVATE PROPERTY
After other matters: We order that the Manichaeans, heretics, schismatics and every sect hostile to the Catholics be expelled from the very sight of the various cities, so that they shall not be defiled by the contagious presence of the criminous. We command therefore that all persons holding an unpropitious error be excluded, unless they are succoured by a timely emendation. And other matters.
GIVEN ON THE EIGHTH DAY BEFORE THE IDES OF AUGUST AT AQUILEIA, IN THE CONSULATE OF OUR MASTER THEODOSIUS AUGUSTUS FOR THE ELEVENTH TIME AND VALENTINIAN CAESAR.14
NOTES
1.size=1 face="Times New Roman"> S. I. Oost, Galla Placidia Augusta, Chicago 1968, pp. 191-193; Stein, I, p. 284.
2. Tyrant: the legislator scrupulously avoided naming Johannes, proclaimed emperor by the Senate of Rome in December 423, after Honorius’ death. He held this title until his capture and execution, in May or June 425, by forces sent from the East.
3. Pelagian and Caelestian: the Pelagian heresy emphasized the free will of the individual, with important implications for its teaching on sin, grace, and salvation. This heresy was particularly associated, in the early fifth century, with the names of Pelagius, a theologian of British origin active in Italy, Africa, and Palestine (until 418), and of the Italian Caelestius, who disseminated Pelagian ideas until 431.
4. Patroclus was Bishop of Arles from 412 until his death in 426, when the city was put in siege by the Goths. He obtained from Pope Zosimus recognition of the primacy of his see in Gaul, and while Zosimus’ successors never renewed it explicitely, until the sixth century they treated the bishops of Arles as mediators between the Papacy and the Church of Gaul. See B. Gams, Series Episcoporum Ecclesiae Catholicae, Ratisbon 1873-1876 (repr. Graz 1957); L. Royer, DHGE, IV, 1930, s.v. Arles, pp. 232-233. On Arles’ important administrative position as the seat of the Praefectus Praetorio of Gaul, perhaps also of the Consularis of Vienne after 395 or 407, see A. Chastagnol, “Le repli sur Arles des services administratifs gaulois en 1’an 407 de notre ère,” Revue historique, CCXLIX (1973), pp. 23-40; J. R. Palanque, “Du nouveau sur la date du transfert de la Préfecture des Gaules de Trèves à Arles?,” Provence historique, XXIII (1973), pp. 29-38.
5. Given... Valentinian: 9 July 425.
6. Anicius Acilius Glabrio Faustus was Prefect of the City of Rome for the second time. See Haehling, pp. 326, 362; PLRE, II, s.v.
7. Pope: Caelestin I.
8. Given... Caesar: 17 July 425.
9. Given... Caesar: 6 July 425. This date is wrong, and should be rejected in favour of the date preserved in this law’s second fragment (see below). See also PCBE, s.v. Georgius.
10. Those: a lacune which renders the first half of the sentence unintelligible.
11.size=1 face="Times New Roman"> Given... Caesar: 4 August 425.
12. Anicius Auchenius Bassus continued to serve on this date as Comes of the Private Property. Between 6 March and 8 April 426 he held the office of Praefectus Praetorio of Italy, but by 26 February 428 this office was in the hands of Volusianus. See Haehling, pp. 318-320; PLRE, II, s.v.; Seeck, Regesten, pp. 126, 137, 474.
13. Given... Caesar: 8 October 425. This date is erroneous, and should be corrected in accordance with the second fragment of this law (see below).
14. Given... Caesar: 6 August 425.
BIBLIOGRAPHY
Godefroy, VI: 1, pp. 103-105, 204-207; P. Krüger, “Beiträge zum Codex Theodosianus, II: Über die Zerlegung der Konstitutionen im Codex Theodosianus,” ZSSRG, RA, XXXIV (1913), p. 8; Juster, II, p. 263; Seeck, Regesten, pp. 5, 350; W. Ensslin, “Valentinians III. Novellen XVII und XVIII von 445,” ZSSRG, RA, LVII (1937), pp. 368-369, 372; idem, PW, 11:14, 1948, s.v. Valentinianus III, Cols. 2233-2234; Seaver, pp. 63-64; J. Gaudemet, “La première mesure legislative de Valentinien III,” Iura, XX (1969), pp. 129-147; Langenfeld, pp. 100-102; Haehling, p. 351.