21 Repeal of Prohibition of Synagogues, Interdiction on Their Destruction and Spoliation

Theodosius (with Arcadius and Honorius)

29 September 393

This law, given by Theodosius in his name and in the names of his sons Arcadius and Honorius at Constantinople on 29 September 393, has been preserved in Codex Theodosianus (CTh 16:8:9).

This law provides important evidence that acts of destruction and spoliation of synagogues were still being perpetrated after Theodosius yielded to Ambrosius in the Callinicum affair of 388, and rescinded his first orders to punish those responsible for the spoliation of the synagogue of Callinicum and its transformation to a church. It also testifies to Theodosius’ determination to protect synagogues against Christian fanatics, and to mobilize for this pur­pose the State apparatus. This aspect was highlighted in Ambro­sius’ protest against the emperor’s attitude in 388, when he accused him of acting against the Faith {religio) through his devotion to law and order. He levelled a similar accusation against Maximus for adopting penal measures against those responsible for burning down the synagogue of Rome, ‘quasi vindex disciplinae publicae’, “allegedly vindicating public order.”¹

Codex Theodosianus, 16:8:9, ed. Mommsen, p. 889

IDEM AAA.· ADDEO· COM(ITI) ET MAG(ISTRO) UTRIUSQUE MILITIAE· PER ORIENTEM

ludaeorum sectam nulla lege prohibitam satis constat. Unde graviter commovemur interdictos quibusdam locis eorum fuisse conventus.

5 Sublimis igitur magnitudo* tua hac iussione suscepta nimietatem eorum, qui sub Christianae religionis nomine inlicita quaeque praesumunt et destruere synagogas adque expoliare conantur, congrua severitate cohibebit.

DAT.

10 ABUNDANTO CONSS.·

THE SAME THREE AUGUSTI² TO ADDEUS,³ COMES AND MASTER OF BOTH SERVICES⁴ IN THE EAST

It is sufficiently established that the sect of the Jews is prohibited by no law. We are therefore gravely disturbed by the interdiction im­posed in some places on their assemblies. Your Sublime Magnitude⁵ shall, upon reception of this order, repress with due severity the excess of those who presume to commit illegal deeds under the name of the Christian religion and attempt to destroy and despoil synagogues.

GIVEN ON THE THIRD DAY BEFORE THE CALENDS OF OCTOBER AT CON­STANTINOPLE, IN THE CONSULATE OF THEODOSIUS AUGUSTUS FOR THE THIRD TIME AND ABUNDANTIUS.⁶

NOTES

1.      See Epistulae, XL, ed. F. du Frisch & N. Le Nourry, PL, XVI, Cols. 1105, 1109.

2.       Augusti: Theodosius, Arcadius, and Honorius.

3.      Addeus: Master of the Soldiers in the East in the years 393-396, after a spell in Court in 392 as Comes domesticorum (Comes of the Lifeguards). He is probably identical with ‘Comes Ade’, mentioned in connection with the court’s involvement with the affairs of Armenia in 370/371. See G. Albert, “Stilicho und der Hunnenfeldzug des Eutropius,” Chiron, IX (1979), pp. 627-628; T. D. Barnes, “Another Forty Missing Persons (a.d.

4.      Services: the ‘magister militum’ held the highest rank in the military hierarchy, coming immediately after the emperor himself. After the middle of the fourth century two officers of this rank served in each of the Imperial courts, and three others commanded the territorial Commands in the dioceses. See Stein, 1, pp. 122-123.

5.      Sublime Magnitude was one of the customary forms of address to persons of the rank of ‘illustris’. See O. Hirschfeld, Kleine Schriften, Berlin 1913, “Die Rangtitel der römischen Kaiserzeit,” p. 677.

6.       Given... Abundantius: 29 September 393.

BIBLIOGRAPHY

Godefroy, VI: 1, pp. 246-248; Juster, I, pp. 461-464; Seeck, Regesten, p. 282; Μ. Schwabe, “The Letters of Libanius to the Patriarch of Palestine,” Tarbiz, I (1930), pp. 94-95 (in Hebrew); Browe, p. 115; Seaver, p. 50; Noethlichs, pp. 186­187; Lippold, PW, Suppi. XIII, 1973, s.v. Theodosius I,lang=EN-US style='font-size:8.5pt; font-style:normal'> Col. 901; Avi-Yonah, p. 218; Reichardt, pp. 33-34; Vogler, pp. 44, 65-66.